Kaleshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55173 of 2025 Arising Out of PS. Case No.-278 Year-1981 Thana- LAKHISARAI District- Lakhisarai ====================================================== Kaleshwar Paswan S/o Late Babulal Paswan R/o Village- Morna, P.S.- Amhara, Distt- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kr. Sinha, Advocate Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. A prayer for bail has been made on behalf of the petitioner in connection with Lakhisarai P.S. Case no.278 of 1981 registered under section 395 of Indian Penal Code.

3. The allegation against the petitioner in the F.I.R was that of committing offence of dacoity in the house of informant.

4. Learned counsel for the petitioner submits that although the case is of the year 1981 and the petitioner was falsely implicated in the case due to some enmity, however he was not arrested at the spot and no incriminating article has been recovered from his possession. It is submitted that as of

Patna High Court CR. MISC. No.55173 of 2025(3) dt.05-12-2025 2/3 now the petitioner is old man aged about 70 years and he is in custody since 01.02.2025 and charge-sheet has been submitted in the case.

5. From the documents on record, particularly the order sheet of the learned trial Court, it appears that the petitioner was initially granted bail. However, due to his noncooperation, his bail bonds were cancelled on 01.10.2024 and coercive processes under Sections 82 and 83 were thereafter the petitioner surrendered before the learned Court concerned.

6. The application for anticipatory bail is opposed by learned A.P.P. for the State.

7. Taking into consideration the fact that petitioner has indeed misused the privilege of bail, but considering that he is a 70 years old man who has been in custody since 01.02.2025 and that the investigation has already concluded, hence no useful purpose would be served by keeping him further behind bars, the petitioner is directed to be enlarged on bail in connection with Lakhisarai P.S. Case no.278 of 1981 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor Court, subject to the condition that he would

Patna High Court CR. MISC. No.55173 of 2025(3) dt.05-12-2025 3/3 appear on each and every date fixed in the trial and in case of non-cooperation or absent on two consecutive dates without any sufficient reason, the learned trial Court would be at liberty to cancel the bail bonds of the petitioner.

(Soni Shrivastava, J) Harsh/- U T