Raju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26144 of 2022 Arising Out of PS. Case No.-7 Year-2015 Thana- CHANDAN District- Banka ====================================================== Raju Paswan Son Of Late Vinod Paswan @ Late Binod Paswan R/O VillageMansinghdih, P.S.- Chandramandi, District- Jamui ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under sections 395 and 364 of the Indian Penal Code in connection with Chandan (Anandpur O.P.) P.S. Case No. 07 of 2015.

As per the allegation in the FIR, it is alleged that 10-15 accused persons barged into the house of the informant and committed 'dacoity' of Rs. 25,000/- beside taking away some gold and silver ornaments as also mobile phone. Learned counsel for the petitioner submits that neither he was part of the said 'dacoity' nor he had any role in it and only because he was in possession of one of the mobile

Patna High Court CR. MISC. No.26144 of 2022(2) dt.18-08-2022 2/3 which actually was left in his Auto by some passenger that he has been brought into the judicial net implicated in this case. He further submits that he has no criminal antecedent and is in custody since 2.3.2022.

Considering the fact that the petitioner is not named in the FIR and there is recovery of one mobile from his possession, he is in custody since 2.3.2022 as also the chargesheet stands submitted, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Chandan (Anandpur O.P.) P.S. Case No. 07 of 2015 subject to the following conditions:

(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

Patna High Court CR. MISC. No.26144 of 2022(2) dt.18-08-2022 3/3 (iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T