Badal Kumar @ Badal Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52946 of 2021 Arising Out of PS. Case No.-367 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== Badal Kumar @ Badal Kumar Paswan Son of Late Mahendra Paswan R/o Village- Nirmali, Ward No.4, P.S.- Nirmali, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2022 Heard learned counsel for the petitioner and Shri Surendra Kumar, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Phulparas P.S. Case No. 367 of 2019 instituted for the offences under Section 394 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 25.01.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that allegation is of looting the motorcycle of the informant by three unknown criminals.

Learned counsel for the petitioner submits that the F.I.R. was against unknown and the name of this petitioner

Patna High Court CR. MISC. No.52946 of 2021(3) dt.16-02-2022 2/3 transpired in the confessional statement of co-accused Rupesh Kumar Yadav who has been granted bail vide order dated 06.02.2020 passed in Cr. Misc. No. 2172 of 2020. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that Rupesh Kumar Yadav was granted bail on the ground that he had no criminal antecedents whereas this petitioner has got five criminal antecedents.

Considering the fact that the petitioner is in custody since 25.01.2021, charge-sheet has been submitted and the coaccused on whose confessional statement the name of the petitioner transpired has been granted bail, as aforesaid, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 367 of 2019 with a condition that one of the bailor shall be the mother of the petitioner (Rekha Devi) and further the petitioner will keep marking his attendance in the concerned police station in between 25-30 of every month commencing from March, 2022 till the charges are framed and in the event, if it is reported by the concerned police station to

Patna High Court CR. MISC. No.52946 of 2021(3) dt.16-02-2022 3/3 the learned court below that the petitioner in between the aforesaid dates in any of the month till framing of charges has not marked his attendance, the learned court below will forthwith cancel his bail bonds.

(Satyavrat Verma, J) Rishi/- U T