Ravi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50441 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- PIRO District- Bhojpur ====================================================== Ravi Paswan, aged about 28 years, Gender-Male, son of Late Jagdayal Paswan, resident of village-Narayanpur, Police Station-Piro (Hasan Bazar), Distt.-Bhojpur at Ara.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vinod Shanker Modi, Adv.

For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-12-2021 Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Piro P.S. Case No. 27/2021 registered for the offences punishable under Section 394 of the Indian Penal Code and 27 of the Arms Act. Four accused persons are said to have snatched the bag, containing money, of the informant on the point of pistol. Learned counsel for the petitioner submits that he has falsely been implicated in the present case. He has further submitted that petitioner is not named in the FIR. He has further

Patna High Court CR. MISC. No.50441 of 2021(2) dt.22-12-2021 2/3 submitted that the name of the petitioner transpired on the basis of confessional statement of the self. He has further submitted that co-accused namely Dinesh Kumar has been granted bail by a coordinate Bench of this Hon'ble Court vide order dated 01.12.2021 passed in Cr. Misc. Case No. 34328/2021 and the another coaccused namely Santosh Paswan has been granted bail by this Hon'ble Court vide order dated 10.12.2021 passed in Cr. Misc. No. 39443/2021. The petitioner is in custody since 18.02.2021 and charge-sheet has been submitted on 28.02.2021 against the petitioner.

The learned Additional Public Prosecutor opposed the prayer of bail. The petitioner carries four criminal antecedent as mentioned in para-3 of the bail petition.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioners, above named, be released 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, Ara, Bhojpur in connection with Piro (Hasan Bazar) P.S. Case No. 27/2021, subject to the following conditions:-

1. 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

Patna High Court CR. MISC. No.50441 of 2021(2) dt.22-12-2021 3/3 directed by the court and on their absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

2. If the petitioner, tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

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 delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) siddharthkr/- U T