Bittu Paswan @ Kaju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72927 of 2022 Arising Out of PS. Case No.-258 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== BITTU PASWAN @ KAJU PASWAN S/O RAJESH PASWAN @ RAJESH KUMAR PASWAN Resident of village- Chaukipur, P.S.- Udwantnagar, District- Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-03-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 395 of the Indian Penal Code, registered in connection with Udwantnagar (Gajrajganj O.P.) P.S.Case No. 258 of 2022.

When the informant along with his friend was returning to his house after closing his shop, some unknown persons came there. At the point of pistol, they snatched a gold chain and Rs.6000/- from the person of the informant. They also snatched Rs. 5000/- and a mobile set from the possession of his friend Abhishek Kumar.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.72927 of 2022(2) dt.20-03-2023 2/3 that except the confessional statement of co-accused Bittu Singh, there is nothing against the petitioner in the entire case diary. He has submitted further that two co-accused persons, namely, Kundan Paswan and Bambam Paswan, whose name also figured in the confessional statement of co-accused Bittu Singh, have been granted bail. The petitioner is in custody since 28.06.2022.

Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge XIII, Bhojpur at Ara in connection with Udwantnagar (Gajrajganj O.P.) P.S.Case No. 258 of 2022, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the

Patna High Court CR. MISC. No.72927 of 2022(2) dt.20-03-2023 3/3 learned court below will take decision in accordance with law.

3. After commencement of the trial, the petitioner shall appear physically on each and every date fixed at the trial, and if he fails to appear on two consecutive dates without any reason or unavoidable circumstances, the court below shall be at liberty to cancel his bail bond.

(Nawneet Kumar Pandey, J) HR/- U T