Rajan Paswan @ Rajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39492 of 2022 Arising Out of PS. Case No.-208 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Rajan Paswan @ Rajan Kumar S/o Pandit Paswan R/o village- Bhagatpur, P.S.- Ballia, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Sahebpur P.S. Case No. 208 of 2021 registered for the offence under Section 392 of the Indian Penal Code.
The accused/petitioner is not named in the F.I.R. and is in custody since 04.04.2022.
The allegation against the petitioner is to commit robbery and, while committing so, taken away cash of Rs. 98,960/-, key of motorcycle and valuable papers etc. belong to
Patna High Court CR. MISC. No.39492 of 2022(2) dt.14-10-2022 2/3 the informant, along with other co-accused persons. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of the co-accused, namely, Amit Kumar, while apprehending in Ballia P.S. Case. No. 364 of 2021, wherein, in furtherance thereof no incriminating material surfaced/recovered, during the course of investigation, which may connect this petitioner, prima facie, with present set of occurrence. It is further submitted that petitioner was not put on TIP, as yet. While concluding the argument, it is submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded the fact that petitioner is not named in the FIR. Considering the facts and circumstances as mentioned above, as no incriminating material surfaced/recovered to connect petitioner, prima facie, with present set of occurrence coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sahebpur P.S. Case No. 208 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.39492 of 2022(2) dt.14-10-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Begusarai/concerned court, subject to the following conditions:
"(i) That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be Pandit Paswan, who is the father of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) R.S.Sen/- U T