Bikky Kumar @ B.K @ Bikki Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31574 of 2022 Arising Out of PS. Case No.-149 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== BIKKY KUMAR @ B.K @ BIKKI PASWAN S/o Late Sunil Paswan R/o village- Pokharia Jhoparpatti, Ward No. 37, P.S.- Town, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Yadav For the Opposite Party/s :
Mr.APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Town P.S. Case No. 149 of 2021 registered for the offences punishable under Sections 356, 379 of the Indian Penal Code. Briefly stated fact of the prosecution case is that Rs. 50,000/- has been snatched from the informant and the miscreants fled away.
Learned counsel for the petitioner further submits that petitioner is not named in FIR. During the course of investigation, the petitioner himself disclosed his involvement in this case as mentioned in impugned order. He further submits
Patna High Court CR. MISC. No.31574 of 2022(2) dt.18-07-2022 2/3 that nothing has been recovered from the possession of petitioner and no T. I. Parade has been done so far till today. Except the confessional statement, no connecting material has been found against petitioner during the course of investigation. Moreover, the petitioner is languishing in jail custody since 22.11.2021 and bears criminal history of seven cases in which most of the cases are more or less of similar nature. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case as well as period of custody, nature of allegation and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Town P.S. Case No. 149 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the
Patna High Court CR. MISC. No.31574 of 2022(2) dt.18-07-2022 3/3 affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
(iv) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month. (Alok Kumar Pandey, J) sanjeev/- U T