Raj Kumar @ Raj Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23924 of 2023 Arising Out of PS. Case No.-283 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== RAJ KUMAR @ RAJ KUMAR PASWAN Son of Kailash Paswan R/o-VillMalahi Khanda, P.S.-Naubatpur, District-Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash Shekhar, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
This is the second attempt of the petitioner to obtain regular bail in connection with Sessions Trial No.707 of 2021, arising out of Naubatpur P.S. Case No.283 of 2020, registered for the offences under Sections 341, 323, 504, 34 of the I.P.C. The petitioner is in custody since 10.06.2020 and has no criminal antecedent.
3.
Earlier the prayer of the petitioner was rejected by this Court vide order dated 07.09.2021 passed in Cr. Misc. No.6224 of 2021.
4.
Learned counsel for the petitioner submits that the occurrence in question has taken place on account of a land
Patna High Court CR. MISC. No.23924 of 2023(4) dt.19-04-2025 2/3 dispute in which the petitioner and the entire family members have been implicated. He further submits that the charge has been framed in this case but till date not a single witness has been examined.
5.
Learned APP for the State has opposed the prayer for bail of the petitioner but considering the facts and circumstances of the case and on noticing that the petitioner has remained in jail for over four years and ten months but the trial is not likely to be concluded in near future, this Court directs the release of the petitioner on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Danapur, in connection with Naubatpur P.S. Case No. 283 of 2020, subject to the condition as laid down under Section 480(3) of Bhartiya Nagarik Suraksha Sanhita, 2023.
6.
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 steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be
Patna High Court CR. MISC. No.23924 of 2023(4) dt.19-04-2025 3/3 delayed for purpose of or in the name of verification. 7.
This application is allowed.
(Rajeev Ranjan Prasad, J) shikha/- U T