Hira Paswan @ Kapchi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70283 of 2023 Arising Out of PS. Case No.-169 Year-2023 Thana- BIRAUL District- Darbhanga ====================================================== Hira Paswan @ Kapchi Paswan, son of Late Suresh Paswan Village- Lohani Ps- Birdul Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Biraul P.S. Case No. 169 of 2023, lodged on 26.04.2023 under Sections 457, 382, 307, 411, 34 of the Indian Penal Code read with section 25(1-b)a/26/35/27 of the Arms Act.

3. As per the prosecution case, FIR has been lodged against five named accused persons including the present petitioner. The allegation in the FIR is that of house trespass and loot of articles with cash.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that from bare perusal of the FIR, it transpires that the petitioner has not been apprehended from the place of

Patna High Court CR. MISC. No.70283 of 2023(3) dt.29-02-2024 2/3 occurrence, rather, the apprehended accused person namely Amarjeet Paswan has disclosed the name of the petitioner and others in this case. Counsel further submits that nothing specific has been made against the petitioner.

5. Learned counsel for the petitioner submits that the antecedent of the petitioner is not clean and there are five criminal cases pending against him in which he is on bail. The petitioner is in custody since 26.04.2023 in the present case. Counsel also submits that the charge-sheet has already been submitted in this case.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. 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 Additional Chief Judicial Magistrate, Biraul, Darbhanga in connection with Biraul P.S. Case No. 169 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

8. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not

Patna High Court CR. MISC. No.70283 of 2023(3) dt.29-02-2024 3/3 absconding in any of the cases pending against him whose details are as follows:- (I)- Biraul P.S. Case No. 166 of 2010.

(II)- Alinagar P.S. Case No. 10 of 2020.

(III)- Khanpur P.S. Case No. 123 of 2011.

(IV)- Bahera P.S. Case No. 232 of 2014.

(V)- Bahera P.S. Case No. 323 of 2014.

(Dr. Anshuman, J.) Divyansh/- U T