Ravindra Paswan @ Munna Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75922 of 2023 Arising Out of PS. Case No.-520 Year-2022 Thana- BODHGAYA District- Gaya ====================================================== Ravindra Paswan @ Munna Paswan Son Of Suresh Paswan VillageJamuneya Ps- Dobhi Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh, Adv For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2024 Heard learned cousnel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bodh Gaya ( Cherki) P.S.Case No. 520 of 2022 instituted for the offences punishable under Section 395 of the Indian Penal Code.
3. The prosecution case in short is that the informant with his staff going on a motorcycle, in the meantime 8 persons on three motorcycles came and dashed the informant's motorcycle and on the point of pistol the miscreants snatched cash of Rs. 30,000,. 20 gm gold and two ATM cards and also assaulted the informant. Thereafter the miscreants fled away from there.
Patna High Court CR. MISC. No.75922 of 2023(3) dt.28-02-2024 2/3 4 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. The petitioner is not named in the FIR and his name has been surfaced in this case upon the confessional statement of co-accused Yogendra Kumar. Nothing incriminating article has been recovered from conscious possession of the petitioner. Except suspicion, there is no other material against the petitioner. The petitioner is in custody since 20.10.2022 and he has got 13 criminal antecedent. Similarly situated co-accused person has already been granted bail by the co-ordinate Bench of this Court passed in Cr. Misc. No. 73807 of 2023 vide order dated 23.11.2023.
5. Learned APP opposes the prayer for bail
6. Considering the facts and circumstances of the case and also submissions of the parties, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd Gaya in connection with Bodh Gaya ( Cherki) P.S.Case No 520 of 2022, subject to the condition that both the bailors will be close relative of the petitioner with further conditions which are as follows.
(I) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.75922 of 2023(3) dt.28-02-2024 3/3 present on each and every date fixed by the court (ii) In absence on two consecutive dates without any valid reason, the bail bonds of the petitioner will liable to be cancelled and (iii) if the petitioner tampers with the evidence or the witnesses of the case, in the event, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Ramesh Chand Malviya, J) N.K/- U T