The High Court granted bail to Arun Paswan, already on bail in four other cases, in a murder-related criminal matter involving land fraud, noting the dispute was civil in nature and investigation complete.
Petitioner directed to be released on bail of Rs. 10,000 with two sureties of the like amount each on conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2396 of 2022
Arising Out of PS. Case No.-87 Year-2021 Thana- MAHESHKHUNT District- Khagaria
====================================================== Arun Paswan S/o Late Hisabi Paswan @ Hitabi Paswan R/o villageMadarpur, P.S.- Maheshkhunt, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mrityunjay Pd., Advocate For the Informant : Mr. Yogesh Kumar, Advocate For the State : Mr. Yogendra Pd. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
3 20-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Maheshkhunt P.S. Case No. 87 of 2021 registered for the offence under Sections 406, 420, 504, 506 and 34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in
Patna High Court CR. MISC. No.2396 of 2022(3) dt.20-07-2022 2/4
custody since 06.09.2021.
The allegation against the petitioner is to participate in the sell and purchase of piece of land in connivance with coaccused, namely, Neeraj Pandit.
Learned counsel appearing on behalf of the petitioner submitted that the role of the petitioner is only to sign, as a witness, the sale deed, involved in the transaction of alleged land. Admittedly, the land does not belongs to the petitioner and only for involvement in four other criminal cases, in which he is on bail, petitioner has been falsely implicated in the present case. It is further submitted that all the four cases, lodged against the petitioner, is of the year 1998-1999 and since last so many years, petitioner is not found involved in any criminal case except the present case. It is submitted that dispute between the parties is purely of civil nature. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP duly assisted by learned counsel for the informant, while opposing the prayer of bail, fairly conceded that the disputed piece of land does not belongs to the petitioner. Considering the facts and circumstances as mentioned
Patna High Court CR. MISC. No.2396 of 2022(3) dt.20-07-2022 3/4
above, as the dispute is purely of civil nature, where the disputed land does not belongs to the petitioner coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Maheshkhunt P.S. Case No. 87 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria, subject to the following conditions:
“(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by
Patna High Court CR. MISC. No.2396 of 2022(3) dt.20-07-2022 4/4
the documents.
(iii) That one of the bailors shall be
Swati Devi, who is the wife of the petitioner and deponent of the present bail petition.”
(Chandra Shekhar Jha, J)
Ankit/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case alleging false implication regarding a land transaction.
1 provisions across 1 enactments
Arun Paswan
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
