Patna High CourtCR. MISC./30238/2023bail granted

Pintu Paswan v. The State Of Bihar

2023-08-21Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30238 of 2023 Arising Out of PS. Case No.-170 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== PINTU PASWAN s/o RAVINDRA PASWAN Resident of village- Khoksa Kalyan P.S. Desri District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-08-2023 Heard the parties.

The petitioner is in custody in connection with Mahnar P.S. Case No. 170 of 2022 for the offence under section 392 of the Indian Penal Code lodged on 22.06.2022 by the informant, Sujeet Kumar.

As per the prosecution story, the accused persons barged into the Bandhaan Bank and looted Rs. 3,04,170/-. Accordingly, the F.I.R.

Learned counsel for the petitioner submits that his name has come in course of investigation on the confessional statement of Sudin Paswan and has remained in custody since 02.11.2022 (as stated in paragraph 1 of the petition), but no T.I. parade was conducted.

The last submission is that the person on whose

Patna High Court CR. MISC. No.30238 of 2023(3) dt.21-08-2023 2/3 confession his name cropped up, Sudin Paswan has since been released on bail by a co-ordinate Bench vide Cr. Misc. No. 66764 of 2022 (Annexure-2 to the petition).

Learned APP opposes the prayer for bail stating that it is a case of Bank loot.

Though the crime is of Bank loot, his name has come in the confessional statement, the person concerned has since been granted bail, as stated above, is in custody since 02.11.2022 , this Court is inclined to extend him the privilege of bail with conditions.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned J.M. 1st Class, Hajipur (Vaishali), in connection with Mahnar P.S. Case No. 170 of 2022 subject to the following conditions: (i) one of the bailor should be the family member 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 reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.30238 of 2023(3) dt.21-08-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month till the conclusion of the trial to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the 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) kiran/- U T