Pappu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38502 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- SANOKHAR District- Bhagalpur ====================================================== PAPPU PASWAN S/o Uday Paswan Resident of Village- Malikpur, P.S.- Pirpainti, District - Bhagalpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tarun Prasad Mandal, Advocate For the Opposite Party/s :
Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-09-2022 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 Sanokhar P.S. Case No. 34 of 2022 for the offences under Section 379, 411 of the Indian Penal Code.
As per the prosecution story, the informant went to Sanokhar Bazar on his motorcycle and as he parked it and entered in 'hatiya', he saw a man sitting on the motorcycle and soon thereafter, he drove away and entered the neighbouring State, Jharkhand. However, as the informant was alert, informed the police which contacted Jharkhand police and he was immediately arrested.
Patna High Court CR. MISC. No.38502 of 2022(2) dt.29-09-2022 2/3 Learned counsel for the petitioner submits that he has already suffered for the alleged act and is in custody since 23.2.2022.
Considering the fact that he is in custody since 23.2.2022, charge-sheet stands submitted and ultimately he has to face the trial, this Court is inclined to grant him the privilege of bail after framing of the charges with conditions as he has criminal antecedents.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned J.M.-1st Class, Bhagalpur, in connection with Sanokhar P.S. Case No. 34 of 2022 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 reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall leave his/her district (Bhagalpur) for a period of one months(s) after providing name
Patna High Court CR. MISC. No.38502 of 2022(2) dt.29-09-2022 3/3 and address and police station of his place of stay during the said period and he shall be duty bound to visit the police station (where he/she will stay) every week to mark his attendance; (iv) upon return to his district, he shall visit the concerned police station every fortnight for the next six months to mark attendance;
(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) 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) Ajay Singh/- U T