Anil Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35552 of 2020 Arising Out of PS. Case No.-92 Year-2020 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== ANIL PASWAN SON OF LATE PARIKHA PASWAN RESIDENT OF VILLAGE - UPRALI DUMRI, P.S. - AMBA, DISTRICT - AURANGABAD (BIHAR) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Leelawati Kumari For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2021 Heard both parties.
The petitioner seeks bail in Aurangabad Town P.S. Case No. 92 of 2020, registered for the offence punishable under Section 379 of the Indian Penal Code. Later on, section 411 of the IPC was added.
As per prosecution case, on 22.02.2020, SBI ATM having ID No. GFBV000013018 was looted by some unknown miscreants using gas cutter and also damaged camera. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case merely on suspicion raised by Spy. Petitioner is not named in the FIR. Name of this petitioner has come in this case on the basis of confessional statement of co-accused Ajay Paswan and Santosh
Patna High Court CR. MISC. No.35552 of 2020(3) dt.29-01-2021 2/3 Paswan @ Rohit Paswan. Petitioner was arrested in connection with Aurangabad Town P.S. Case No. 123 of 2020 on 20.03.2020 registered under Section 25(1-b)a and 26 of the Arms Act and has been remanded in this case on 23.06.2020 and he confessed his guilt before the police. No looted article has been recovered from possession of this petitioner. Chargesheet has already been submitted.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 92 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty
Patna High Court CR. MISC. No.35552 of 2020(3) dt.29-01-2021 3/3 to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T