Santosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45321 of 2024 Arising Out of PS. Case No.-63 Year-2023 Thana- Rampur Chauram District- Arwal ====================================================== Santosh Paswan Son of Shravan Paswan R/o Vill.- Asoi lachiram, P.S.- Bhagwanpur, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rampur Chauram P.S. Case No. 63 of 2023 instituted for the offence under Section 392 of the Indian Penal Code. 3.

Prosecution case in a nutshell is that three miscreants have taken away motorcycle of the informant on the point of pistol, when he was going to his office. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-07-2023. Petitioner bears eight criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.45321 of 2024(3) dt.25-09-2024 2/3 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner transpired on the basis of his self-confessional statement taken in another case. Nothing has been recovered from the possession of the petitioner. Learned counsel next submits that petitioner was apprehended from his house but the police has shown his arrest from Tajan Bigha. It is lastly submitted that charge sheet has been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rampur Chauram P.S. Case No. 63 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.45321 of 2024(3) dt.25-09-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T