Sadan Paswan @ Sadan Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61768 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- Singhaul District- Begusarai ====================================================== Sadan Paswan @ Sadan Kumar Paswan Son of Ramashish Paswan Resident of Village - Pachanba, Police Station - Singhaul, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Maharaj, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-09-2024 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Singhaul P.S. Case No. 29 of 2024, registered for the offence punishable under Sections 147, 148, 341, 323, 307, 379, 384, 504 and 506 of the Indian Penal Code.
3. Based upon the written report, the prosecution alleges that while the informant was in his field, in the meanwhile, all the FIR named accused persons, including the petitioner armed with lathi and danda came there and started assaulting the informant. It is specifically alleged that the petitioner along with his wife snatched Rs. 1,600/- from the pocket of the informant. There is allegation against other coaccused persons of demanding extortion and snatching
Patna High Court CR. MISC. No.61768 of 2024(2) dt.04-09-2024 2/3 valuables, coupled with the allegation of assault.
4. Learned Advocate for the petitioner referring to the written reports submitted that no specific allegation has been levelled against the petitioner, except the allegation of snatching money, which is nothing but a concocted one. Both the parties are co-villagers and next door neighbour, however, on account of a trifle, both the parties entered into a free fight. The informant has not sustained any injury. Moreover, the petitioner has been incarcerated since 05.05.2024, and the investigation of the crime is complete and the charge-sheet has been submitted.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner bears one criminal antecedent and he has actively participated in the crime.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of accusation and the fact that the investigation of the crime is complete and the charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Singhaul P.S. Case
Patna High Court CR. MISC. No.61768 of 2024(2) dt.04-09-2024 3/3 No. 29 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) 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 immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) shivank/- U T