Patna High CourtCR. MISC./37715/2024bail granted

Rohit Kumar @ Rohit Paswan v. The State Of Bihar

2024-07-10Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37715 of 2024 Arising Out of PS. Case No.-502 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Rohit Kumar @ Rohit Paswan S/O- Balinder Paswan R/O Village-Chak Baladhari (Balba Koari) P.S.- Sadar Hajipur, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 502 of 2021 lodged on 26.05.2021 under Section 25(1-b)a/26/35 of the Indian Penal Code.

3. As per the prosecution case, F.I.R. has been lodged against six named accused persons including the present petitioner with whom there is recovery of one country made pistol and live cartridge.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the name of the petitioner has been figured in this case only by virtue of confessional statement of the accused. He further submits that nothing incriminating has been

Patna High Court CR. MISC. No.37715 of 2024(3) dt.10-07-2024 2/3 recovered from the possession of the petitioner. Counsel further submits that the criminal antecedent of the petitioner is not clean and there are twelve cases pending against him in which he is on bail is some cases and is some he is persuading for bail. The petitioner is in custody since 22.06.2023.

5. Learned APP for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean and this aspect must be taken into consideration at the time of granting bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail after framing of charge, if the charge is not framed yet and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 502 of 2021 subject to the condition laid down under Section 437(3) of the Cr.P.C.

7. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:-

Patna High Court CR. MISC. No.37715 of 2024(3) dt.10-07-2024 3/3 • Hajipur Sadar P.S. Case No. 320/20 • Hajipur Sadar P.S. Case No. 68/20 • Hajipur Sadar P.S. Case No.257/21 • Hajipur Sadar P.S. Case No.277/21 • Hajipur Sadar P.S. Case No.529/22 • Hajipur Sadar P.S. Case No. 135/23 • Mahua P.S. Case No. 210/21 • Garaul P.S. Case No. 143/21 • Hajipur Sadar P.S. Case No. 461/21 • Mahua P.S. Case No. 215/21 • Mahua P.S. Case No. 123/2021 • Hajipur Sadar P.S. Case No. 147/2023 (Dr. Anshuman, J) Sunnykr/- U