Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32473 of 2021 Arising Out of PS. Case No.-574 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== CHANDAN PASWAN Son of Late Shiv Ayodhya Paswan Resident of Village - Gacchitola, P.S.- Nagar, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Vaishnavi Singh,Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-02-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Muffasil P.S.Case No.574 of 2020 registered for the offence under Sections 392,397,411 of the Indian Penal Code. As per the prosecution case, four miscreants riding on two motor cycles intercepted the informant and snatched two mobiles, ATM card etc. on the point of pistol and fled away. This petitioner and co-accused, Chikku Kumar @ Mrintujay Kumar were apprehended on the spot. Co-accused, Chikku Kumar @ Mrintujay Kumar was duly identified and some looted money has been recovered from his house. Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR. He has falsely been

Patna High Court CR. MISC. No.32473 of 2021(4) dt.09-02-2022 2/3 implicated in the present case. He further submits that the petitioner has remanded in this case in Muffasil P.S.Case No.573 of 2020. He further submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that co-accused, namely, Chikku Kumar @ Mrintujay Kumar has been granted bail vide order dated 04.01.2022 in Cr. Misc. No.45204 of 2021 by a Coordinate Bench of this Hon'ble Court and and the petitioner is in custody since 14.12.2020.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries five more cases other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, 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 Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S.Case No.574 of 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.32473 of 2021(4) dt.09-02-2022 3/3 reason, his/her 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T