Binod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61096 of 2022 Arising Out of PS. Case No.-38 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== Binod Paswan Son Of Ranjan Paswan @ Rajan Paswan, R/V- Kashiyadih, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2023 Let the defect, 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 Wazirganj P.S. Case No. 38 of 2021 lodged under Section 395 of the I.P.C.

As per prosecution, there were seven unnamed persons made accused in this case and allegation of dacoity is there.

Learned counsel for the petitioner submits that petitioner is in custody since 06.08.2022 and F.I.R. has been filed against unknown. He further submits that there is one criminal case pending against the petitioner in which he is on

Patna High Court CR. MISC. No.61096 of 2022(2) dt.22-02-2023 2/3 bail. Counsel further submits that five accused persons whose name have come during investigation in this case have been granted bail by the Co-ordinate Bench of this Court vide order dated 06.01.2023 and 20.01.2023 passed in Cr. Misc. Nos. 1553 of 2022 and 38269 of 2022 respectively.

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 A.C.J.M.Ist., Gaya in connection with Wazirganj P.S. Case No. 38 of 2021, 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 file an affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.61096 of 2022(2) dt.22-02-2023 3/3 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.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U