Sitabi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62073 of 2022 Arising Out of PS. Case No.-7 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== SITABI PASWAN, S/O Nathun Paswan, R/O Village- Bara, P.S Madanpur, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Aurangabad (Muffasil) P.S. Case No. 7 of 2020 registered for the offence punishable under Sections 147, 149, 341, 342, 382 and 506 of the Indian Penal Code and subsequently Section 395 of the Indian Penal Code was added against 10-12 unknown persons. As per prosecution case, ten-twelve (10-12) unknown criminals have entered inside the gate. The informant and other staff have been confined, tied with rope and some cash and other articles have been looted.

Learned counsel for the petitioner submits that on account of his criminal antecedents (two), the petitioner has been implicated in this case. He is on bail in those two cases. Other than the confessional statement, there is no cogent material. There is no recovery from the petitioner to connect him with the allegations. He is in custody since 09.09.2022. Petitioner's name has been stated in

Patna High Court CR. MISC. No.62073 of 2022(2) dt.02-02-2023 2/2 the confessional statement by Upendra Chaudhary and Ramadhar Chaudhary, both of whom have been allowed bail by the learned court below. Similarly situated co-accused Upendra Paswan has been allowed bail in Cr. Misc. No. 56217 of 2022. Moreover, investigation is also complete.

Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, manner of petitioner's implication and the claim based on parity, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel.

Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad, in connection with Aurangabad (Muffasil) P. S. Case No. 07 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T