Rajan Paswan @ Rajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52801 of 2021 Arising Out of PS. Case No.-257 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== Rajan Paswan @ Rajan Kumar S/o Umesh Paswan R/o village- Pipra Dewas, P.S.- Barauni, Distt. Begusarai ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubhesh Pandey For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-01-2022 Let the defects, if any, be removed within four weeks of the complete start of the Physical Court.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Teghra P. S Case No. 257 of 2020 for the offences punishable under Section 392 of the Indian Penal Code.
According to the F.I.R, when informant ( Ravindra Kumar) went to Nawabganj, four unknown armed persons snatched his motorcycle, mobile and Rs. 4500/- and fled away towards Teghra Bazar.
Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. His name has been
Patna High Court CR. MISC. No.52801 of 2021(2) dt.10-01-2022 2/3 transpired on the basis of confessional statement of one Chandan Kumar. Similarly situated co-accused namely, Chandan Kumar has been granted bail in Cr. Misc. No. 32432 of 2021 vide order dated 17.04.2021 and other co-accused namely, Sharwan Kumar in Cr. Misc. No. 35251 of 2021 vide order dated 30.04.2021, co-accused Mohan Kumar in Cr. Misc. No. 45251 of 2021 vide order dated 31.07.2021. petitioner is in jail custody since 12.10.2020.
The learned A.P.P opposed the prayer for bail of the petitioner and submits that petitioner is having five cases, which manifests in Paragraph-3 of the petition.
Considering the aforesaid facts and circumstances as well as submissions of the parties and period of detention of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Begusarai in connection with Teghra P.S.Case No. 257 of 2020,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 directed by the court and on their absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.52801 of 2021(2) dt.10-01-2022 3/3 reason, their bail bond shall be cancelled by the Court below.
2. If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. 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 petitioners have concealed their 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) N.K/- U