Aman Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29121 of 2023 Arising Out of PS. Case No.-496 Year-2022 Thana- DELHA District- Gaya ====================================================== AMAN PASWAN son of Jai Prakash Paswan @ Ajay Paswan Mohallapowerganj Kumhar Toli Ps- Delha Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan, Adv.

For the Opposite Party/s :

Mr. Madhura Nand Jha, App ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-05-2023 Learned counsel for the petitioner seeks and is allowed to carry out necessary correction in the paragraph-1 of the petition during course of the day.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Delha P.S. Case No. 496 of 2022 dated 25.12.2022 registered for the offence under Sections 147, 148, 149, 341, 323, 324, 326, 307, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner along with others are alleged to have assaulted the informant and snatched cash from him. Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.29121 of 2023(2) dt.25-05-2023 2/3 submits that the petitioner is innocent and has falsely been implicated in this case on the basis of cctv footage. He further submits that nothing incriminating has been recovered from possession of the petitioner. He further submits that it appears from the F.I.R., no specific allegation of assault of any overt act is attributed to the petitioner. The petitioner has falsely been implicated in this case on the ground of previous criminal antecedents on the basis of suspicion. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 10.01.2023.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries six more cases other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Gaya in connection with Delha P.S. Case No. 496 of 2022 with the following conditions:-

Patna High Court CR. MISC. No.29121 of 2023(2) dt.25-05-2023 3/3

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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 step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T