Chunnu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32516 of 2021 Arising Out of PS. Case No.-492 Year-2019 Thana- BARH District- Patna ====================================================== CHUNNU PASWAN Son of Arun Paswan Resident of Village - Malahi, P.S.- Barh, Distt.- Patna.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Manoj Kumar Pandey, Advocate.

For the State :

Mr. Anil Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 14-12-2021 The applicant/accused in Crime No.492 of 2019 registered with Police Station-Barh for the offence punishable under Section 394 of the Indian Penal Code, by this application is seeking his release on bail during the course of the trial. The charge-sheet has already been filed.

Heard learned counsel appearing for the applicant/ accused. He submits that there is no legal evidence to connect the applicant with the crime in question. His name has been surfaced on the basis of confessional statement of the coaccused to police. He submits that other co-accused are already released on bail.

Learned A.P.P. opposed the application by contending that there is one antecedent to the credit of the applicant and the offence is serious.

Patna High Court CR. MISC. No.32516 of 2021(2) dt.14-12-2021 2/3 Co-accused Amit Kumar alias Naidu and Raushan Kumar alias Baba are already directed to be released on bail by coordinate Benches of this Court vide orders dated 25.08.2020 and 05.03.2021 passed in Criminal Misc. Nos.22453 and 31649 of 2020. The investigation of the crime in question is already over. Role of the applicant is similar to that of the co-accused released on bail. Therefore, the following orders: (i). The application is allowed.

(ii). The applicant/accused in Crime No.492 of 2019 registered with Police Station-Barh for the offence punishable under Section 394 of the Indian Penal Code be released on bail on executing P.R. bond of Rs.25000/-(Rupees Twenty five Thousand) on furnishing two sureties of the like amount to the satisfaction of the trial court with the following conditions:

(I). The applicant should not extend any threat, promise or inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II).The applicant should cooperate the trial in expeditious disposal of the trial against him. (III). The applicant should not repeat commission of

Patna High Court CR. MISC. No.32516 of 2021(2) dt.14-12-2021 3/3 similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case. The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the appellant/accused. (A. M. Badar, J) P.S./- U