Lalan Paswan @ Raushan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3865 of 2021 Arising Out of PS. Case No.-2 Year-2020 Thana- CHANDAUTI District- Gaya ====================================================== LALAN PASWAN @ RAUSHAN PASWAN, S/O DEONATH PASWAN @ DEVNATH PASWAN, RESIDENT OF VILLAGE KHAIRADIH, P.S. DAUDNAGAR, DISTRICT-AURANGABAD.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Pd. Singh, Sr. Adv.
: Mr.Bhaskar Shankar, Adv.
For the Opposite Party/s :
Mr.Arvind Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-06-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 394 of the Indian Penal Code.
Allegation against the petitioner alongwith other accused persons is of snatching the money bag of the informant on the gun point.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the FIR has been lodged against three unknown persons, the petitioner is not named in the FIR. On the basis of confessional statement of co-accused, the
Patna High Court CR. MISC. No.3865 of 2021(3) dt.02-06-2021 2/3 petitioner has been made accused in this case. There is no T.I. Parade inspite of his being in jail custody. There is no incriminating articles has been recovered from the conscious possession of the petitioner. The petitioner is languishing in judicial custody since 08.06.2020. The petitioner has got 07 criminal antecedents which is mentioned in para 3 of the bail petition.
Learned APP for the State opposes the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances of the case, 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 in connection with Chandauti P.S. Case No. 02/2020 to the satisfaction of learned Court below where the case is pending; subject to the following conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will given an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) that the bailor shall also state on affidavit that he
Patna High Court CR. MISC. No.3865 of 2021(3) dt.02-06-2021 3/3 will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
(3) that the petitioner will be represented on each and every date fixed in the case and if he fails to do so on two consecutive dates without sufficient reasons, his bail bond will be liable to be cancelled by the learned court concerned. (Anjani Kumar Sharan, J) amitkumar/- U T