Sonu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53681 of 2022 Arising out of PS. Case No.-415 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== Sonu Paswan S/o Mundrika Paswan. Resident of Village- Bela Gopi, P.S.- Gaighat, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar & Ors.

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

For the Petitioner/s :

Mr. Raju Kumar, Advocate For the Opposite Party/s:

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 09-12-2022 This matter is heard via video conferencing.

The petitioner name has been cropped up during the course of the investigation in Gaighat P.S. Case No. 415 of 2019 for the offences under Sections 395, 397 and 412 of the Indian Penal Code. He is in judicial custody since 26.11.2021. He had filed bail application vide B.P. No. 451 of 2022 on the file of 2nd Additional Sessions Judge, Muzaffarpur and it was rejected. Hence, the present regular bail petition under Section 439 Cr.P.C.

Perusal of the records it is evident that petitioner name has been cropped up by at the behest of co-accused during the course of the investigation for the alleged offences cited supra. The investigation is completed and charge-sheet is also filed against the petitioner for the offences under Sections 395,

Patna High Court CR. MISC. No.53681 of 2022(2) dt.09-12-2022 2/3 397 and 412 IPC. The trial may take sufficient time. That apart the petitioner is in judicial since 26.11.2021. Hence, he is entitled to regular bail. Accordingly, regular bail is granted to the petitioner namely Sonu Paswan on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties to the satisfaction of Ms. Kanchan Yadav, Judicial Magistrate, 1st Class, East Muzaffarpur/concerned Court in connection with Gaighat P.S. Case No. 415 of 2019 with the following conditions:-

1. The petitioner shall co-operate in investigation and in conclusion of the trial.

2. He shall remain present on each and every date of trial till conclusion of trial.

3. He shall not try to tamper with the evidence or intimidate the witness to delay the conclusion of trial.

4. In the event of default of two consecutive dates without any valid reasons, his bail bonds is liable to be cancelled.

5. The Court below shall verify the criminal antecedent of the petitioner and in the case, at any stage, it is found that petitioner had concealed his criminal antecedent, the court below or investigating authority shall take immediate step

Patna High Court CR. MISC. No.53681 of 2022(2) dt.09-12-2022 3/3 for cancelling bail bond of the petitioner. However, acceptance of bail bonds, in terms of the aforementioned order shall not be delayed for this purpose or in the name of verification. (P. B. Bajanthri, J) Vikash/- U T