Karu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51298 of 2021 Arising Out of PS. Case No.-59 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== KARU PASWAN Son of Late Jagdish Paswan Resident of VillageRamdevchak, P.S.- Jehanabad, District- Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar For the Opposite Party/s :
Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Jehanabad (Karauna) Police Station Case No. 59 of 2021, registered for the offences punishable under Section 395 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that two persons, named in the First Information Report, along with three unknown persons, entered into the house of the informant in the evening and committed dacoity. Learned Counsel for the petitioner submits that the petitioner has been implicated in this case on the basis of the confessional statement of co-accused Amirak Paswan, who has been granted bail by co-ordinate Bench of this Court, vide order,
Patna High Court CR. MISC. No.51298 of 2021(2) dt.08-04-2022 2/3 dated 21.01.2022, passed in Criminal Misc. No. 34706 of 2021. He further submits that the petitioner is in custody since 03.02.2021 and there is only one criminal antecedent of the year 1996 registered for the offence punishable under Section 394 of the Indian Penal Code, in which the petitioner has been acquitted.
Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that similarly situated co-accused person has been granted bail by this Court, charge sheet has already been submitted, the petitioner is in custody since 03.02.2021, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Jehanabad (Karauna) Police Station Case No. 59 of 2021, subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court
Patna High Court CR. MISC. No.51298 of 2021(2) dt.08-04-2022 3/3 concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √