Anshu Paswan @ Sudhershan Paswan @ Shudarshan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65512 of 2021 Arising Out of PS. Case No.-453 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== Anshu Paswan @ Sudhershan Paswan @ Shudarshan Paswan S/o Late Baldeo Paswan R/o Village- Gajragarh, P.S.- Barachatti, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-10-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Barachatti P.S. Case No. 453 of 2020, lodged under Section 392 of the Indian Penal Code read with Section 25(1-b)a of Arms Act.
As per prosecution case, the allegation of robbery is there and the name of petitioner is not figured in the F.I.R. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R., nothing incriminating has recovered from his possession nor he was put on T.I.P. He further submits that name of petitioner has figured in this case
2/4 by the statement of Chaukidar and he has been remanded in this case only due to the reason that he has criminal antecedents. Learned counsel for the petitioner also submits that petitioner is in custody since 28.06.2021, charge sheet has already been filed and petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateSherghati (Gaya) in connection with Barachatti P.S. Case No. 453 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall
3/4 file affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
Speedy trial is the constitutional vision of justice. Admittedly, there are 4 criminal cases pending against the petitioner including the present one and all cases belongs to District and Sessions Judge, Gaya. The chart of all those cases are as follows :-
1. Barachatti P.S. Case No.283/2019.
2. Barachatti P.S. Case No.379/2020.
3. Barachatti P.S. Case No.68/2020.
4. Barachatti P.S. Case No.453/2020 (present one). The District and Sessions Judge, Gaya is directed to do the needful so that all magisterial triable cases or sessions triable cases prior to commitment shall run before one Magistrate with one date and all sessions triable cases after commitment shall run before one Sessions Court with one date. Let a copy of this order is communicated to District
4/4 and Sessions Judge, Gaya for information and necessary compliance.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ritik/- U T