Arvind @ Parween @ Ravindra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.36556 of 2020 Arising Out of PS. Case No.-166 Year-2018 Thana- IMAMGANJ District- Gaya ====================================================== ARVIND @ PARWEEN @ RAVINDRA PASWAN son of late Ram Kewat Paswan Resident of Village- Jalwar Tola, Parasia, P.S.- Imamganj, DistrictGaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra, Adv.
For the Opposite Party/s :
Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-07-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner in the present case is seeking regular bail in connection with Imamganj P.S. Case No.166/2018 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that as per the prosecution story, the co-accused Dinesh Paswan and Vijay Paswan had come to the house of the informant and asked the father of the informant to come with them whereupon the father
2/4 of the informant went to the co-accused on a tempo for villagePanania. It is alleged that father of the informant was taken to Sherghati and subsequently his dead body was found in the bank of the river.
Learned counsel for the petitioner submits that the name of the petitioner has transpired in the confessional statement of the co-accused Jitendra Paswan, however he has not been identified by any witness. The co-accused Jitendra Paswan and Yogendra Yadav have been granted bail by learned coordinate Benches of this Court in Cr.Misc.No.39115/2019 and Cr.Misc.No.45151/2019 respectively. This petitioner is said to be in custody in connection with this case since 07.03.2020 and he has otherwise no criminal antecedent.
Mr. Dayal, learned APP for the State has opposed the prayer for bail of the petitioner. He informs this Court that it was the co-accused Yogendra Yadav who was identified by one of the witnesses, however he has been granted bail. Having regard to the aforesaid facts and circumstances of the case wherein except the confessional statement of the co-accused no other material has been brought to the notice of this Court, the other co-accused have been granted privilege of bail, this Court directs that the petitioner
3/4 above named be released 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 C.J.M., Katihar in connection with Dandkhora P.S. Case No.37/2020, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
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 step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be
4/4 delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.