Devwarat Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48182 of 2022 Arising Out of PS. Case No.-37 Year-2022 Thana- NTPC District- Bhagalpur ====================================================== Devwarat Paswan S/o Paramhans Paswan R/o village- Manpur, P.S.- Mufassil, District- Bhojpur, Arrah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Swapnil Kumar Singh, Advocate For the State :
Mr. Naveen Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with N.T.P.C. P.S. Case No.37 of 2022 registered for the offence under Sections 419, 420, 467 and 468 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 06.06.2022.
The allegation against the petitioner is to appear in examination of CISF Recruitment in the name of other candidate.
Learned counsel appearing on behalf of the petitioner submitted that only after matching with the biometric available at gate, the petitioner was allowed inside the premises of examination centre, where purely due to technical reasons
Patna High Court CR. MISC. No.48182 of 2022(2) dt.15-12-2022 2/3 biometric of petitioner failed to match, leading to present false implications. It is also pointed out that payment of Rs.70,000/- (Rupees Seventy Thousand) to a person who appeared for him in the written examination is without basis, just to make allegations more aggravated. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, opposes the prayer for bail.
In view of the facts and circumstances as mentioned above as petitioner is in custody since 06.06.2022 coupled with the fact that charge-sheet has already been submitted, let above named petitioner is directed to be released on bail in connection with N.T.P.C. P.S. Case No.37 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur/concerned court, subject to following conditions:- (i) That accused/petitioner shall not involve in the similar nature
Patna High Court CR. MISC. No.48182 of 2022(2) dt.15-12-2022 3/3 of offence till the conclusion of trial, failing with the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.
(iii) That one of the bailors shall be deponent of the present bail petition.
(Chandra Shekhar Jha, J) S.Tripathi/- U T