Indrajeet Paswan @ Indrajit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21342 of 2019 Arising Out of PS. Case No.-8 Year-2018 Thana- RUDRAPUR District- Madhubani ====================================================== INDRAJEET PASWAN @ INDRAJIT PASWAN Son of Late Ganu Paswan, Resident of Village- Belmohan, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 Mr. Jitendra Kr. Bharti For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 14.06.2018 in connection with Rudrapur P.S. Case No. 08 of 2018, G.R. No. 209 of 2018 for offences punishable under Sections 457, 380 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that a burglary has been committed in his house and in his cousin's house and cash and jewellery has been taken away by unknown criminals.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and has been falsely implicated in the aforesaid case. He

Patna High Court CR. MISC. No.21342 of 2019(2) dt.05-04-2019 2/3 submits that during investigation name of the petitioner surfaced on the basis of confessional statement of co-accused Prem Kumar Paswan and nothing has been recovered from the possession of the petitioner. He submits that petitioner has not been put on T.I. Parade and charge-sheet has already been submitted there being no allegation of tampering with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a habitual offender and as many as 8 cases are pending against him for similar offence.

Considering the nature of allegations and the materials on record as well as the period of custody, let petitioner, above named, be enlarged 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 Addl. Chief Judicial Magistrate-II, Jhanjharpur, Madhubani, in connection with Rudrapur P.S. Case No. 08 of 2018, G.R. No. 209 of 2018, subject to the following conditions :

1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the

Patna High Court CR. MISC. No.21342 of 2019(2) dt.05-04-2019 3/3 petitioner.

2.

Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

3.

If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

4.

The petitioner would appear before the Superintendent of Police, Madhubani in the 1st week of every month till a period of nine months and on the certificate of future good conduct he would be granted exemption from appearing before the Superintendent of Police, Madhubani. Failure to appear on any of the dates in any of the months, as stipulated above, the bail bond of the petitioner would be deemed to be cancelled. (Nilu Agrawal, J) Rajesh/- U T