Rohit Kumar @ Rohit Paswan@ Rohit Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76933 of 2024 Arising Out of PS. Case No.-277 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Rohit Kumar @ Rohit Paswan@ Rohit Kumar Paswan Son of Balindar Paswan Resident of Village- Chak Baladhari Balba Koari P.S.- Sadar Hajipur District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Ray, Advocate For the Opposite Party/s :
Mrs.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-10-2024 Heard Mr. Hemant Ray, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Hajipur Sadar P.S. Case No. 277 of 2021 for the offence punishable under Section 392 of the Indian Penal Code lodged on 18.03.2021 by the informant, Kriti Jha.
3. As per the prosecution story, the informant alleged that she being the Bank official was returning on E-Rickshaw when the accused snatched her purse containing mobile as also bank keys. This led to the FIR.
4. Learned counsel for the petitioner submits that due to his criminal antecedent, he was dragged in the case but the fact remains that despite being in custody since 07.06.2023
Patna High Court CR. MISC. No.76933 of 2024(2) dt.29-10-2024 2/3 (para-9 of the petition), no TIP conducted. Further, nothing has been recovered.
4. Learned APP opposes the prayer submitting that he has criminal antecedent.
5. Considering the aforesaid submission put forward by the parties as also the fact that he is in custody for more than a year but no TIP conducted nor anything has been recovered from his conscious possession and it has been undertaken that he will be diligently appearing in trial, this Court is inclined to extend him the privilege of bail with conditions.
6. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 277 of 2021 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(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
Patna High Court CR. MISC. No.76933 of 2024(2) dt.29-10-2024 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month till conclusion of the trial to mark his attendance;
(iv) the petitioner 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;
(v) the petitioner 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. (Rajiv Roy, J) Ravi/- U T