Golu Paswan @ Sudama Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34399 of 2022 Arising Out of PS. Case No.-286 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== GOLU PASWAN @ SUDAMA PASWAN Son of Brahdev Paswan @ Brahmdeo Paswan Resident of village - Loknathpur Ganj, P.S.- Dalsing Sarai, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Teghra P.S. Case No. 286 of 2020 for the offences under Section 395 of the Indian Penal Code.
As per the FIR, when the informant was sitting at his shop, two accused persons entered there and started looting ornaments, cash and mobile. Thereafter, four more accused persons came inside and resorted to loot. The face of the accused persons were captured in C.C. Tv. Camera. Subsequently, in course of investigation, the name of
Patna High Court CR. MISC. No.34399 of 2022(2) dt.12-09-2022 2/3 the petitioner has cropped up and he was taken into custody. Learned counsel for the petitioner submits that although he is in custody since 04.02.2021 and has been remanded in this case on 06.10.2021 (as stated in paragraph-11 of the bail application). He further submits that no T.I. Parade has been done nor anything has been recovered from his conscious possession. He lastly submits that similarly situated accused person, namely, Saurav Kumar, on whose confessional statement name of the petitioner has been cropped up, has since been granted privilege of bail vide order dated 30.09.2021 passed in Cr. Misc. No. 27112 of 2021 by a co-ordinate Bench of this Court.
Considering the aforesaid fact that name of the petitioner has come up in the confessional statement of coaccused, Saurav Kumar, who has been released on bail, as stated above, charge sheet stands submitted, no T.I.Parade has been done and nothing has been recovered for his conscious possession, this Court is inclined to grant him privilege of bail. If however, it is found that anything false has been stated in the bail application, this bail order shall become infructuous.
Let the petitioner be released on bail on furnishing
Patna High Court CR. MISC. No.34399 of 2022(2) dt.12-09-2022 3/3 bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 286 of 2020, 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 reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence; (iv) 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) Jagdish/- U