Chandan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41964 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- DANDARI District- Begusarai ====================================================== Chandan Kumar Paswan Son Of Bindeshwari Paswan, Resident Of VillageKasimpur, P.S- Nayagaon, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dandari P.S. Case No. 26 of 2022 lodged under Sections 395 and 397 of the I.P.C. read with Section 27 of Arms Act and later on u/s 412 of I.P.C. has been added.

As per prosecution, F.I.R. has been lodged against 5 unknown accused persons, who reached at the CSP of the bank run by the informant and looted Rs.3,85,000/- from the CSP of S.B.I. on gun point and fled away from the place of occurrence thereafter the present F.I.R. has been lodged. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.41964 of 2022(3) dt.24-11-2022 2/3 present F.I.R. has been lodged against 5 unknown accused persons. He further submits that petitioner is innocent and has committed no offence. Counsel further submits that antecedent of the petitioner is clean and he is in custody since 04.04.2022. He also submits that the name of the petitioner has figured in this case by virtue of the confessional statement made by one Sandeep Kumar, who is co-accused in this case. Upon query that anything adverse has recovered or petitioner was put on T.I.P, counsel submits that Rs.60,000/- was recovered from the house of the petitioner but relating to the said amount petitioner submits that he is an agent of Micro Finance Company. Upon specific query that whether charge has been framed or not, counsel submits that as per his knowledge charge has not been framed.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Accordingly the bail petition of the petitioner is hereby rejected but liberty is hereby granted to the petitioner to move for bail before the Trial Court after 2 months of framing of charge and trial court is directed to release the petitioner on

Patna High Court CR. MISC. No.41964 of 2022(3) dt.24-11-2022 3/3 bail imposing its own conditions so that petitioner may not evade his appearance during trial.

With this observation, the bail application stands disposed off.

(Dr. Anshuman, J.) ravishankar/- U T