Rupesh Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80250 of 2018 Arising Out of PS. Case No.-763 Year-2017 Thana- ARARIA District- Araria ====================================================== Rupesh Kumar Paswan, son of Kapildev Paswan, Resident of VillageMadhura North ward no.01, Police Station- Fulkaha, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 20.07.2018 in connection with Araria P.S. Case No.763 of 2017, registered for the offence under Section 392 of the Indian Penal Code. Learned counsel for the petitioner submits that though the petitioner is not named in the FIR, his name has surfaced subsequently on the basis of a confessional statement made before the police by one co-accused, namely, Raju Kumar Paswan, which has no evidentiary value. It is further submitted that the petitioner is an accused in two other cases and in one case the petitioner has been extended the privilege of bail. Learned counsel further submitted that the petitioner shall co-operate in any further investigation and also co-

Patna High Court Cr.Misc. No.80250 of 2018(2) dt.30-01-2019 2/2 operate during the course of the trial.

Considering the aforementioned facts and circumstances and that the petitioner's name has surfaced on remand, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case No.763 of 2017, subject to the following conditions:

(1) Father will be the bailor of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) PNM U T