Dinesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32857 of 2025 Arising Out of PS. Case No.-86 Year-2022 Thana- MEHANDIA District- Jehanabad ====================================================== Dinesh Paswan S/o- Late Shree Ram Paswan Resident of Village- Bharub, P.S.- Obra, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bachan Jee Ojha, Advocate For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Mehandiya P.S. Case No. 86/2022 registered for the offences under Section 394 I.P.C.
3. As per the prosecution case, the informant while returning to his village was intercepted by three miscreants who attacked and assaulted him with bamboo and snatched away his bike and thereafter they fled away.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely because he carries a long list of antecedents. Learned counsel further submits that no incriminating article has been recovered from the conscious possession of the petitioner
2/4 and till date no TIP has been done. Learned counsel further submits that charges have already been framed in the present case in February, 2024. It is lastly submitted that the petitioner has eleven criminal antecedents and he is on bail in ten cases and is in custody since 30.10.2023.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that petitioner carries eleven antecedents of similar nature and hence, he should not be granted privilege of bail.
6. Considering the aforesaid facts and circumstances of the case and taking into account that no recovery has been made from the petitioner and he is in custody since 30.10.2023, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Arwal in connection with Mehandia P.S. Case No. 86/2022 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates or
3/4 in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the Court concerned.
d. 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 aforementioned order shall not be delayed for purpose of or in the name of verification.
e. In view of the antecedent of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Jehanabad within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the Court
4/4 concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the Court concerned.
(Sourendra Pandey, J) tusharika/- U T