Patna High Court - Orders
Raju Paswan @ Raju Ranjan Paswan vs The State Of Bihar on 26 July, 2022
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59633 of 2021
Arising Out of PS. Case No.-442 Year-2020 Thana- BIKRAMGANJ District- Rohtas
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Raju Paswan @ Raju Ranjan Paswan, Son of Hari Narayan Paswan, Resident
of Village - Dharupur, P.s.- Bikramganj, Distt.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ravi Shankar Sahay, Sr. Adv.
Mr.Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr.Narsingh Tanti, APP
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 26-07-2022Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect.
In the present case, the petitioner seeks bail in connection with Bikramganj P.S. Case No. 442 of 2020 registered for the alleged offences under Section 392 of the Indian Penal Code.
As per the prosecution case, four miscreants looted from the informant and his friend Rs. 78,550/-, two Tabs, Bio- Metric Devices, Payslip, Passbook and Aadhar Card along with mobile phone. During investigation, the name of the petitioner Patna High Court CR. MISC. No.59633 of 2021(4) dt.26-07-2022 2/3 surfaced as one of the culprits.
The learned counsel for the petitioner submits that petitioner has been falsely implicated in this case as has been apprehended by the police merely on suspicion. The name of the petitioner came up in this case on the basis of disclosure made in the confessional statement by the co-accused persons Dinesh Kumar and Durgesh Kumar. The petitioner was not put to any Test Identification Parade and nothing incriminating has been recovered from the possession of this petitioner. So, there is noting against the petitioner except the confessional statement of the co-accused persons. Charge-sheet has been submitted and the petitioner is in custody since 22.03.2021.
Learned APP opposes the prayer for bail submitting that the petitioner was named by the co-accused persons for his involvement in the offence. The petitioner is also having criminal antecedent.
Perused the record.
Having regard to the submissions made hereinabove and considering the fact that no recovery from the petitioner has been shown and he has not been identified by the informant or any of the witnesses and further considering the period of his custody along with the submission of charge-sheet in this case, Patna High Court CR. MISC. No.59633 of 2021(4) dt.26-07-2022 3/3 the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 442 of 2020, subject to the following conditions :
(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.
(ii) One of the bailors will be a close relative of the petitioner.
(iii) The petitioner will remain present on each and every date fixed by the court below.
(iv) The petitioner will not commit similar type of offences in future.
(v) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Rajnish/-
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