Vinay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34740 of 2024 Arising Out of PS. Case No.-168 Year-2021 Thana- HASPURA District- Aurangabad ====================================================== Vinay Paswan Son of Late Ramdev Paswan Resident of Village- Bharub, P.S.- Obra, Dist.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Ojha, Adv For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-05-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The petitioner seeks bail in connection with Haspura P.S. Case No. 168 of 2021 registered for the offence under Sections 395 of the Indian Penal Code. 3.The accused/petitioner is not named in the F.I.R. and is in custody since 15.04.2023.

4. The allegation against the petitioner is to commit dacoity, while committing so taken away the

2/4 valuables of the informant including cash of Rs. 1000/-.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced during course of investigation out of suspicions as arises out of certain call details report on which self confession of the petitioner was recorded, where in furtherance of which no incriminating article was subject to be recovered/surfaced as to connect petitioner with the present occurrence of dacoity. It is further submitted that petitioner was not subjected for TIP. While concluding argument it has been submitted that investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of State opposes the prayer of bail.

7. Considering the facts and circumstances as mentioned above, the petitioner named in this case out of his self confession and no incriminating article

3/4 recovered/surfaced during the course of investigation, the petitioner is in custody since 15.04.2023, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Haspura P.S. Case No. 168 of 2021, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C:- "(i) the trial court shall verify the criminal antecedent of the petitioner at the time of furnishing bail bond of the petitioner. (ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical

4/4 ground of the petitioner duly supported by the documents.

(iii) one of the bailors shall be deponent of the present bail petition."

(Chandra Shekhar Jha, J) jyoti/- U T