Mukesh Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53187 of 2024 Arising Out of PS. Case No.-186 Year-2021 Thana- BELA District- Sitamarhi ====================================================== Mukesh Kumar Paswan S/o- Late Sonelal Paswan Village- Majhaura Chandi Rajwara Ps- Bela Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bela P.S. Case No. 186 of 2021 dated 01.10.2021 registered for the offences punishable u/s 457, 380, 395 of the Indian Penal Code.

3. As per the prosecution case, five unknown miscreants took out Rs. 1,72,000/- from the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has transpired on mere suspicion. Nothing has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.53187 of 2024(2) dt.01-08-2024 2/3 Similarly situated co-accused has already been granted bail by this court vide order dated 21.07.2023 passed in Cr. Misc. No. 42990 of 2023. The petitioner has 14 criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 18.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Bela P.S. Case No. 186 of 2021, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled. (ii). The court below shall verify the criminal antecedent of the petitioner and at any stage, if it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the

Patna High Court CR. MISC. No.53187 of 2024(2) dt.01-08-2024 3/3 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.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T