Bhagwan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29625 of 2024 Arising Out of PS. Case No.-428 Year-2022 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Bhagwan Paswan S/o- Late Shanichar Paswan Village- Raghuvar Nagar Ward No.29 PS- Begusarai Town Dist- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Fani Bhushan Singh son of Shri Lakshmi Singh R/o- Cheria Bariyarpur Po Ps- Cheria Bariyarpur Dist- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaushal Kumar Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Begusarai Complaint Case No. 428C of 2022 registered for the offences punishable u/ss 420, 467 and 468 read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have cheated the money of the complainant on the pretext of giving 2BHK flat in Patna but thereafter, they started demanding higher rate of the flat and on denial, the co-accused Baccha Prasad Singh gave a cheque of Rs. 6 lacs of a Bank account which was already closed.

Patna High Court CR. MISC. No.29625 of 2024(2) dt.29-04-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has submitted that no money has been given to the petitioner but it is clear from the complaint itself that the said money was given to the co-accused Bachha Prasad Singh and it is only alleged that the said money was given in presence of the petitioner. Except that there is no specific allegation against the petitioner. The petitioner is accused in four other criminal cases and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 22.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Complaint Case No. 428C of 2022, with the condition:- (i). The petitioner is directed to remain physically

Patna High Court CR. MISC. No.29625 of 2024(2) dt.29-04-2024 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) annpurna/- U T