Ravikant Paswan @ Golu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37326 of 2022 Arising Out of PS. Case No.-130 Year-2020 Thana- GURUA District- Gaya ====================================================== Ravikant Paswan @ Golu Paswan S/O Raja Ram Paswan Resident of VillageBalkhora, P.S.- Amas, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-09-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Gurua P.S. Case No. 130 of 2020 lodged under Section 392 of the I.P.C.

As per the prosecution case, allegation of robbery is there against 3 unknown criminals. Learned counsel for the petitioner submits that nothing incriminating has been recovered from the petitioner nor he was put on TIP. The petitioner is in custody since 22.02.2021 and charge sheet has already been filed in this case. Learned counsel for the petitioner submits that in para - 8 of the petition he has categorically submitted that his

2/4 name has figured in this case by the virtue of confessional statement of his own confessional statement except this there is no material against him. On the point of his criminal antecedent there are total 7 cases pending against him and he is on bail in all cases. He is ready to fulfill all the conditions whatsoever shall be imposed upon him.

Learned counsel for the State opposes the prayer for bail and submits that there are in total 7 criminal cases pending against the present petitioner.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sherghati, Gaya in connection with Gurua P.S. Case No. 130 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

3/4 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

Speedy trial is the constitutional vision of justice. Admittedly, there are in total 8 criminal cases (including the present one) pending against the petitioner which belongs to the District and Sessions Judge, Gaya which are as follows: i. Gurua P.S. Case No. 167 of 2017 ii. Gurua P.S. Case No. 173 of 2017 iii. Gurua P.S. Case No. 192 of 2017 iv. Shergati P.S. Case no. 249 of 2018 v. Shergati P.S. Case no. 298 of 2020 vi. Amas P.S. Case no. 38 of 2020 vii. Amas P.S. Case no. 143 of 2020 viii. Gurua P.S. Case No. 130 of 2020 (present case). Let the District and Sessions Judge, Gaya is directed to do the needful so that all the magisterial triable cases or

4/4 sessions triable cases prior to commitment shall run before one Magistrate with one date and all sessions triable cases after commitment, shall run before one Sessions Court with one date. Let the copy of this order is communicated to the District and Sessions Judge, Gaya for perusal and necessary compliance.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T