Kanchan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10225 of 2021 Arising Out of PS. Case No.-493 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== Kanchan Paswan Son Of Kamaldev Paswan @ Kamli R/O - Ward No.32, Rajendra Nagar, Gachhee Tola, P.S.- Town, District- Begusarai... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-06-2021 Let the defect (s) be removed within four weeks after start of the physical Court.

Heard the parties in virtual Court.

Petitioner seeks bail in a case registered for the offences punishable under Section 394,397,302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act. The FIR is against unknown. Name of the petitioner surfaced in the confessional statement of co-accused, who has already been allowed bail by a Coordinate Bench of this Court. Thought the petitioner has got criminal antecedent. In this case there is no material against the petitioner. Investigation of the case is already complete.

Learned counsel for the informant opposed the prayer for bail on the basis of confessional statement of the petitioner before the police which has got no evidentiary value in view of Sections 25 and 26 of the Evidence Act.

Patna High Court CR. MISC. No.10225 of 2021(2) dt.29-06-2021 2/2 Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.T.No.111 of 2020 arising out of Barauni (Garahara O.P.) Police Station Case No.493 of 2019 with following conditions:

(a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T