Ranjeet Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48372 of 2024 Arising Out of PS. Case No.-12 Year-2022 Thana- SAMSTIPUR RPF/POST DistrictSamastipur ====================================================== RANJEET PASWAN S/O LATE SHIV PASWAN @ SHIV NARAYAN PASWAN Resident of village- Hasanpur Jitwarpur, Ward No 6, P.SSamastipur Muffasil, District- Samastipur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Shanker Singh, Adv.
For the Opposite Party/s :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with RPF/SPJ Case No.12 of 2022 lodged under Sections 3 of R.P. (U.P.) Act.
3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons against whom there is allegation of theft of railways property.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner has figured in this case by virtue of confessional statement of co-accused. He submits that nothing has been recovered from his possession, but police has inserted his name only due to the reason that there are 4 criminal cases pending against him and he is in custody since 11.01.2024.
Patna High Court CR. MISC. No.48372 of 2024(2) dt.24-07-2024 2/3
5. Counsel also submits that the other co-accused who has confessed the name of the petitioner on the direction that he shall deposit Rs.10,800/- to the railways, has been granted bail by the Co-ordinate Bench of this Court vide order dated 07.11.2023 passed in Cr. Misc. No. 70907/2023.
6. Learned counsel for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed as well as on being satisfied by the trial court that the petitioner is not absconding in any of the cases which are pending against him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class (Railway), Samastipur in connection with RPF/SPJ Case No.12 of 2022, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.48372 of 2024(2) dt.24-07-2024 3/3 dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
8. The details of the cases which are pending against the petitioner, are as follows:- I. RPF/SPJ P.S. Case No-9/2005 u/s- 3 of R.P. (U.P) Act.
II. RPF/SPJ P.S. Case No-4/2016 u/s- 3 of R.P. (U.P) Act.
III. RPF/SPJ P.S. Case No-2/2022 u/s- 3 of R.P. (U.P) Act.
IV. RPF/SPJ P.S. Case No-1/2023 u/s- 3 of R.P. (U.P) Act.
(Dr. Anshuman, J.) Prakashmani/- U T