Chintu Paswan @ Chntu Kumar @ Chintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73903 of 2024 Arising Out of PS. Case No.-217 Year-2024 Thana- KHIJARSARAI District- Gaya ====================================================== Chintu Paswan @ Chntu Kumar @ Chintu Kumar Son of Dinesh Paswan Resident of Village- Purani Bazar, Saidpur, P.S.- Khizersarai, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ujjawal Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is languishing in custody in above case registered for the offences punishable under Sections 341, 323, 337, 307, 504, 506, 379 and 34 of the Indian Penal Code.
3. As per the prosecution story, the informant alleged that, when he reached at Bela More, all the F.I.R. named accused persons started abusing him and demanded some rupees and when the informant made objection, they started assaulting him, due to which, he sustained injuries. When the informant's sons went to ask about the reason as to why his father was assaulted all the accused persons including the present petitioner and 5-6 others unknown persons came with deadly weapon and started assaulting with intention to kill them. It is also alleged
Patna High Court CR. MISC. No.73903 of 2024(2) dt.18-10-2024 2/3 that the petitioner - Chintu Paswan snatched a gold chain from the neck of Chandan Kumar and Rs. 8,000/- was also snatched by other co-accused namely Vijay Paswan from the pocket of Deepak Kumar.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is counter version of the occurrence also and the petitioner's side also sustained injuries. The injuries as sustained by the informant's side was found simple in nature as gets reflected from Annexure P/2. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. The petitioner is in custody since 08.07.2024.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya in connection with Khizarsarai P.S. Case No. 217 of 2024 subject to following conditions:- (i) one of the bailor should be the family
Patna High Court CR. MISC. No.73903 of 2024(2) dt.18-10-2024 3/3 member/relative of the petitioner.
(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 reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioners 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 the bail bonds;
(iv) the petitioners 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. (S. B. Pd. Singh, J) Prabhakar/- U T