Patna High CourtCR. MISC./41779/2023bail granted

Guddu Paswan v. The State Of Bihar

2024-05-17Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41779 of 2023 Arising Out of PS. Case No.-30 Year-2020 Thana- BHELDI District- Saran ====================================================== Guddu Paswan, S/O Raj Kumar Paswan @ Raj Kumar Ram, R/O VillageBasatpur, PS. Dighwara, Dist. Saran at Chapra. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application of the petitioner seeking regular bail in connection with S.Tr. No. 180 of 2020 arising out of Bheldi P.S. Case No. 30 of 2020 registered for the offences punishable under Sections 302, 392/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner has got six criminal antecedents.

3. Earlier, the petitioner was granted bail in this case vide order dated 13.07.2021 passed in Cr. Misc. No. 37200 of 2020 but because he had concealed his two criminal antecedents on the previous occasion, in terms of the order of this Court, the learned trial court has cancelled his bail bond and he has been taken into custody on 26.04.2023.

4. Learned counsel for the petitioner submits that the petitioner was granted bail after considering the merit of the case and for the fault on his part in not giving his complete criminal antecedents, he has already suffered imprisonment for over an year.

Patna High Court CR. MISC. No.41779 of 2023(2) dt.17-05-2024 2/2

5. Learned APP for the State does not dispute the aforesaid contention.

6. Having regard to the facts and circumstances of the case and the submissions made hereinabove, also taking note of the order dated 13.07.2021 passed in Cr. Misc. No. 37200 of 2020, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge XIII, Saran at Chapra in connection with Bheldi P.S. Case No. 30 of 2020, subject to the condition as laid down under Section 437 (3) CrPC.

7. And further condition that 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 steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T