Pawan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9488 of 2021 Arising Out of PS. Case No.-175 Year-2020 Thana- BALIYA District- Begusarai ====================================================== PAWAN PASWAN S/O Sikandar Paswan Resident Of Village -Nagargama, P. S. - Ballia, District - Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 399, 402 & 411 of the Indian Penal Code and Section 25 (1-b)A/26/35 of the Arms Act. The petitioner along with other co-accused is said to have assembled in an orchard for planning to commit dacoity. The apprehended accused disclosed the name of the petitioner as one of his accomplice.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.9488 of 2021(2) dt.13-07-2021 2/3 that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case on the basis of confessional statement of co-accused, Md. Jahid and Hussain Khalifa. He was not apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of co-accused, Md. Jahid and Hussain Khalifa, which has no evidentiary value in the eye of law. The petitioner has one criminal antecedent, as mentioned in para-3 of this application, and has been languishing in custody since 13.07.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Baliya P.S. Case No.175 of 2020, subject to the following conditions :

Patna High Court CR. MISC. No.9488 of 2021(2) dt.13-07-2021 3/3

(1) that one of the bailors will be a close relative of the petitioner, who will give 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 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 well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bond will be liable to be cancelled.

(4) that the petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) Trivedi/- U T