Sanjeet Paswan @ Palmuya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65856 of 2021 Arising Out of PS. Case No.-24 Year-2021 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== SANJEET PASWAN @ PALMUYA, S/o Munna Paswan, Resident of Village - Chunabhathi, Dehri, P.S. - Dehri, District - Rohtas. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar, Advocate For the Opposite Party/s :
Mr.Akhileshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-05-2022 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr.Akhileshwar Dayal, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Sasaram (Dehri) Rail P.S. Case No. 24 of 2021 registered for the offences punishable under Sections 341,323,392,411,504,34 of the Indian Penal Code. He has got one criminal antecedent in which he is said to be on bail. The petitioner is in custody in connection with this case since 05.07.2021 Learned counsel for the petitioner submits that as per the prosecution story, while the informant with his colleague staff was on duty of Chaukidari, two persons came and snatched
Patna High Court CR. MISC. No.65856 of 2021(2) dt.11-05-2022 2/3 their gold locket on the point of knife and fled away by abusing. Learned counsel submits that the petitioner is innocent and has not committed any offence rather he has falsely been implicated in this case. It is further submitted that the petitioner has not been caught on the spot and he has not been put on test identification parade though he is custody since 05.07.2021.
Mr.Akhileshwar Dayal, learned APP for the State has opposed the prayer for regular bail of the petitioner. Having regard to the submission that the petitioner is not named in the F.I.R., he was not caught on the spot and nothing has been recovered from his physical possession, he has also not been put on test identification parade even though he is in custody since 05.07.2021 and investigation against him is complete as also his presence may be secured in course of trial, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Railway Magistrate, Gaya in connection with Sasaram (Dehri) Rail P.S. Case No. 24 of 2021, subject to the condition as laid down under Section 437(3) Cr.P.C.
Patna High Court CR. MISC. No.65856 of 2021(2) dt.11-05-2022 3/3 And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stand allowed.
(Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.