Kundan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62674 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- PIPRA District- Supaul ====================================================== Kundan Paswan Son of Karmchand Paswan Resident of village- Pathara Dakshin, ward no. 06, P.S.- Pipra, District- Supaul, State- Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kuldeep Kumar, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-12-2024 Heard the parties.
2. The petitioner is in custody in connection with Pipra P.S. Case No. 22 of 2024 for the offence under Section 392 of the Indian Penal Code lodged on 13.01.2024 by the informant, Vikash Kumar Paswan.
3. As per the prosecution story, the informant alleged that while he was going on motorcycle, another motorcycle came from behind and on the point of gun, looted his motorcycle. This led to the F.I.R.
4. Learned counsel for the petitioner submits that because of his criminal antecedent, implicated in this case and though he has been remanded in the present case on 27.04.2024, no TI Parade conducted. Further, no incriminating article has been recovered from his conscious possession.
Patna High Court CR. MISC. No.62674 of 2024(4) dt.09-12-2024 2/3
5. Learned APP opposes the prayer for bail submitting that he has criminal antecedents.
6. Taking into account the aforesaid facts as also his period of custody coupled with the fact that despite he being in judicial custody, neither TI Parade conducted nor anything recovered from his conscious possession, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Pipra P.S. Case No. 22 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and the failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his
Patna High Court CR. MISC. No.62674 of 2024(4) dt.09-12-2024 3/3 attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of bail bond.
(v) 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. (Rajiv Roy, J) Amandeep/- U T