Patna High CourtCR. MISC./57953/2024bail granted

Saroj Paswan v. The State Of Bihar

2024-09-06Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57953 of 2024 Arising Out of PS. Case No.-110 Year-2023 Thana- PATAHI District- East Champaran ====================================================== Saroj Paswan Son of Binda Paswan R/V- VILLAGE- BOKANE KALA, P.S.- PATAHI, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-09-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Patahi P.S. Case No. 110/ 2023 dated 13.04.2023 registered for the offence(s) punishable under Section(s) 392 of the Indian Penal Code.

3. Mr. Ajay Kumar Singh, learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and his name surfaced in the case on the basis of the confessional statement made by the co-accused, Chhotu Kumar who is on bail vide order dated 02.08.2023 passed by this court in Cr. Misc. No. 47739 of 2023 and one co-accused, Sanni Kumar @ Pramod Ram has been granted pre-arrest bail by a coordinate Bench of this court vide order dated 01.05.2024 passed in Cr. Misc. No. 25921 of 2024 and though against the petitioner there is criminal antecedent of one case but the same

Patna High Court CR. MISC. No.57953 of 2024(2) dt.06-09-2024 2/2 does not relate to the offence of similar nature, however, the petitioner is on bail in the said antecedent case. It is further submitted that petitioner is a very young person.

4. Mr. Binod Kumar No.3, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the above submissions and mainly taking into account the fact that in respect of the petitioner's involvement in the alleged crime the prosecution has mainly relied upon the confessional statement of co-accused given before the police and the said accused is on bail, in my opinion, it is a fit case for grant of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Patahi P.S. Case No. 110/ 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) BKS/- U T