Vishal Paswan @ Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64460 of 2021 Arising Out of PS. Case No.-578 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== VISHAL PASWAN @ VISHAL KUMAR Son of Bhushan Paswan Resident of Village - Subash Chowk, P.S.- Hajipur Town, Distt.- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar, Advocate.

For the Opposite Party/s :

Mr.Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 578 of 2019 for the offence punishable under Section 397 of the Indian Penal Code. Informant who is the Branch Manager of Sriram Finance Company, Hajipur alleged that five miscreants entered into his Office and looted cash of Rs.6,81,000/- on the point of fire arm. They also snatched mobile phones and other belongings of the staff. During the said occurrence Abhshek Kumar Jha got injured.

Patna High Court CR. MISC. No.64460 of 2021(2) dt.06-05-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that neither any incriminating article has been recovered from conscious possession of the petitioner nor he has been put on T.I.P. till date. Though petitioner is accused in altogether eight cases, but he is on bail in six cases and in two cases he has been acquitted by the court below. Petitioner is in custody since 27.09.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, nothing has been recovered from conscious possession of the petitioner and period of custody undergone by the petitioner, without going into the merits of the case, the petitioner, above named, 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 CJM, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 578 of 2019, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court

Patna High Court CR. MISC. No.64460 of 2021(2) dt.06-05-2022 3/3 concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically loose its force.

(Purnendu Singh, J) mantreshwar/- U T