Pawan Kumar Singh @ Pawan Yadav @ Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57391 of 2021 Arising Out of PS. Case No.-777 Year-2020 Thana- SASARAM NAGAR District- Rohtas ====================================================== PAWAN KUMAR SINGH @ PAWAN YADAV @ PAWAN KUMAR S/o Binod Singh R/o village- Prastampur, P.S.- Natwar, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shambhu Narayan Singh For the Opposite Party/s :
Mr.Anant Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.
Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
Petitioner seeks bail in connection with Sasaram Nagar (Darigaon) P.S. Case No. 777 of 2020 registered for the offences punishable under Section 394 of the IPC. The FIR of the occurrence of loot is against unknown. Learned counsel for the petitioner submits that petitioner is not named in the FIR and he has falsely been implicated in the present case. It is further submitted that name of the petitioner transpired in this case only on the basis of so-
Patna High Court CR. MISC. No.57391 of 2021(2) dt.01-02-2022 2/3 called confessional statement of petitioner which has been made in connection with Nokha P.S. Case No. 224 of 2020. He further submits that petitioner has been dragged only the reason that he was arrested in similar nature of case i.e. Nokha P.S. Case No. 224 of 2020. Learned counsel further submits that nothing has been recovered from conscious possession of the petitioner. The police after investigation submitted charge sheet against the petitioner. Petitioner is in custody since 05.01.2021. The learned Additional Public Prosecutor opposed the prayer of bail submitting that petitioner carries three criminal antecedent.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Sasaram Nagar (Darigaon) P.S. Case No. 777 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 his absence on two
Patna High Court CR. MISC. No.57391 of 2021(2) dt.01-02-2022 3/3 consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers 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 petitioner has concealed his 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) shahzad/- U T