Patna High CourtCR. MISC./52347/2023bail granted

Jai Karan @ Karan Paswan v. The State Of Bihar

2023-08-19Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52347 of 2023 Arising Out of PS. Case No.-12 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== JAI KARAN @ KARAN PASWAN SONOF SHANKAR PASWAN R/OAHIYAPUR, P.S.-AHIYAPUR, DISTT.-MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganesh Prasad Singh, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-08-2023 Heard the parties.

The petitioner is in custody in connection with Kanti P.S. Case No. 12 of 2022 for the offence under section 392 of the Indian Penal Code lodged later on added section 414 of I.P.C. on 05.01.2022 by the informant, Rakesh Kumar. As per the prosecution story, the informant went to Muzaffarpur and while returning, on gun point he was relieved of Rs. 22,000/-, a mobile phone, ATM card , PAN card, Adhar card and some other documents. Accordingly, the F.I.R. Learned counsel for the petitioner submits that his name has come in the extra judicial confession of co-accused Vivek Kumar before the Police. He has remanded in this case on 25.07.2022 (as stated in paragraph 13 of the petition) but no T.I. parade has been conducted and is ready to abide by all the terms

Patna High Court CR. MISC. No.52347 of 2023(2) dt.19-08-2023 2/3 and conditions, if released on bail.

Learned APP opposes the prayer for bail.

Taking into account the submissions put forward by the learned counsel for the petitioner as also his period of custody i.e. 25.07.2022, this Court is inclined to extend him the privilege of bail with conditions.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class Court No. 6, Muzaffarpur, in connection with Kanti P.S. Case No. 12 of 2022 subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;

Patna High Court CR. MISC. No.52347 of 2023(2) dt.19-08-2023 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(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 his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) kiran/- U T