Rohit Kumar Paswan @ Rohit Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69700 of 2021 Arising Out of PS. Case No.-15 Year-2021 Thana- BANGAWON District- Saharsa ====================================================== ROHIT KUMAR PASWAN @ ROHIT PASWAN S/o Nanhki Paswan @ Nanki Paswan Residing at D.B. Road, Saharsa, Ward No. 10, P.O., P.S. and District- Saharsa ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-05-2022 Heard learned counsel for the parties.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Bangaon P.S. Case No. 15 of 2021 registered under Sections 413, 414, 467 and 468/34 of the Indian Penal Code. The allegation in the FIR is that the police upon information raided a place and nabbed one person namely, Goutam Kumar. A Search was made whereafter a knife and Sumsung mobile phone were recovered. Beside, two motorcycles were also recovered which the accused persons stated that the same have been stolen by his associates, namely, Rahul Kumar, Deoraj and Rohit Kumar Paswan @ Rohit
Patna High Court CR. MISC. No.69700 of 2021(2) dt.23-05-2022 2/3 Paswan (the petitioner herein). Accordingly, the FIR was instituted and the petitioner, who also has criminal antecedent came into judicial net and he is in jail since 24.06.2021 (as stated in paragraph-20 of the bail application). Learned counsel for the petitioner submits that he was neither arrested from the spot nor any incriminating article has been recovered from his possession rather on the basis of the confessional statement made before the police by the apprehended person, his name has come. He further submits that the said Goutam Kumar, who was apprehended from the spot, has since been released on bail by a co-ordinate Bench of this Court on 15.04.2022 passed in Cr.Misc. No. 48763 of 2021. Let the order be kept on record.
Taking into account the fact that the petitioner has not been arrested from the spot nor any incriminating article has been recovered from his possession rather his name has come on the confessional statement of accused person who has since been granted bail and he is in jail since 24.09.2021, this Court is inclined to grant him the privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of like amount each to the satisfaction of A.C.J.M., -1st,
Patna High Court CR. MISC. No.69700 of 2021(2) dt.23-05-2022 3/3 Saharsa in connection with Bangaon P.S. Case No. 15 of 2021, subject to the following conditions.
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence; (iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/- U T