Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74639 of 2023 Arising Out of PS. Case No.-792 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Sanjay Paswan S/O Late Chandradeo Paswan Village- Ward No. 8, Dighi Kala Purvi, Ps. Hajipur Sadar, Dist. Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Hajipur Sadar P.S Case No. 792 of 2022 registered for the offences punishable under Sections 413/414 of the Indian Penal Code.

3. As per the prosecution case, one motorcycle was recovered from the possession of Karan Kumar (son of the present petitioner).

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that on perusal of written report, it is

Patna High Court CR. MISC. No.74639 of 2023(4) dt.21-02-2024 2/3 not clear that at what place of the house of the petitioner the motorcycle was seized. It is also submitted that the petitioner is in judicial custody since 02.08.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Hajipur Sadar P.S Case No. 792 of 2022.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall

Patna High Court CR. MISC. No.74639 of 2023(4) dt.21-02-2024 3/3 be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Guddu/- U T