Chanchal Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30396 of 2021 Arising Out of PS. Case No.-561 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Chanchal Kumar Paswan Son of Basant Paswan Resident of Village- Panapur, P.S.- Bidupur, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Smt.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

21-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Bidupur P.S. Case No. 561 of 2020, registered for the offence under Section 392 of the Indian Penal Code.

As per the prosecution case, on 17.12.2020 at about 4:00 PM, while the informant, who was field staff in R.B.L. Finance Pvt. Ltd., was going to Mahnar Branch with a cash of Rs. 23,900/-, three miscreants on a motorcycle, intercepted him and on the point of pistol, they snatched the bag of informant containing aforesaid cash, mobile and other valuable documents with key of his motorcycle and thereafter, they fled away. Petitioner is not named in the FIR. Name of the petitioner has come on the basis of confessional statement of coaccused Subash Kumar. No incriminating article has been recovered from the possession of the petitioner, though, as per

Patna High Court CR. MISC. No.30396 of 2021(2) dt.21-08-2021 2/2 seizure list, Rs. 1900/- cash has been shown to be recovered from the possession of the petitioner, but the same has not been put on T.I.P. Petitioner has got clean antecedent and he is in custody since 19.12.2020.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Bidupur P.S. Case No. 561 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T