Raushan Kumar Paswan @Raushan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70341 of 2022 Arising Out of PS. Case No.-185 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== RAUSHAN KUMAR PASWAN @ RAUSHAN PASWAN S/O Surendra Paswan @ Sulendra Paswan R/O Powerganj, Bairagi, Bairagi-2, Gaya, At presently Residing at Village - Ishari Bara, P.S - Muffasil, 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. Anuj Kumar Shrivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner seeks bail in a case registered for the offences punishable under Sections 364(A) and 365/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that this is the third attempt of the petitioner to seek bail as earlier his bail application was rejected by order dated 23.02.2022 in Cr. Misc. No. 56439 of 2021 and thereafter he was permitted to withdraw the bail application by order dated 17.08.2022 in Cr. Misc. No. 41714 of 2022. It is further submitted that co-accused Chandan Kumar has been granted bail by order dated 05.05.2022 passed in Cr. Misc. No.

Patna High Court CR. MISC. No.70341 of 2022(2) dt.14-12-2022 2/2 59627 of 2021. It is next submitted that the charges have also been framed and out of seven witnesses, two witnesses have been examined and the petitioner will appear on each and every date in the trial.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the submission made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.Tr. No. 375 of 2021 arising out of Fatehpur P.S. Case No. 185 of 2021.

One of the bailors of the petitioner shall be his father, namely, Surendra Paswan @ Sulendra Paswan.

Further, if the learned trial court comes to a conclusion that petitioner, after his release, is trying to delay the trial of the case in any manner or does not appear on two consecutive dates, the learned trial court shall forthwith cancel the bail bonds of the petitioner and shall take all coercive steps to ensure that petitioner is behind bar.

(Satyavrat Verma, J) Kundan/- U T