Dismissed

Sunil Kumar Paswan @ Sunil Kumar v. The State of Bihar

Patna HC25 Aug 2022CR. MISC./28411/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter, the Patna High Court rejected an application for privilege of bail. The court distinguished the petitioner from co-accuseds granted bail due to the petitioner's evasion of arrest for three years and the gravity of the alleged misappropriation, deeming the petitioner not eligible for bail at that time.

What did the court decide?

Application for privilege of bail rejected; defect to be removed within four weeks.

Sunil Kumar Paswan @ Sunil Kumar Vs The State of Bihar — Criminal Trial and Appeal | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28411 of 2022

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Arising Out of PS. Case No.-102 Year-2019 Thana- MAHUA District- Vaishali

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======================================================

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SUNIL KUMAR PASWAN @ SUNIL KUMAR Son of Talam Paswan Resident of Village - Chehrakala, P.S.- Goraul, District - Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravi Bhardwaj, Advocate For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 25-08-2022

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Heard learned counsel for the petitioner and the

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learned APP for the State.

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Let the defect(s) be removed within four weeks of the

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complete start of the physical Court in normal course.

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The petitioner is in judicial custody in connection with Mahua P.S. Case No.102/2019 instituted under Sections 412, 395 of the IPC

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The allegation against the petitioner amongst other is of barging into the home of the informant and loot the ornaments worth Rs.22,00,000/-, cash of Rs.7,00,000/- as also bank passbooks, the documents relating to land, cheque etc. as also four valuable mobiles sets.

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During the investigation, the name of the petitioner cropped up. The matter is of 20.02.2019. The petitioner preferred anticipatory bail application vide Cr. Misc.

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Patna High Court CR. MISC. No.28411 of 2022(2) dt.25-08-2022 2/3

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No.40986/2020 which was rejected on 20.01.2022. He evaded arrest for years before coming into judicial custody on 23.03.2022.

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Learned counsel for the petitioner straightaway submitted that the other co-accuseds have been granted the privilege of bail and attributed this Court’s attention to Cr. Misc. No.70195/2021 (Md. Ashif Raja vs. The State of Bihar) disposed of on 28.04.2022.

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A bare perusal of the said bail application shows that the petitioner in that case was in custody since 02.07.2019 and taking into account the aforesaid fact the co-ordinate Bench of this Court had enlarged the said accused person on bail. Further, with regard to other bail application that has been mentioned in the said order, in said cases also the petitioners were in custody in 2019 itself and vide Cr. Misc. No.35372/2019, Cr. Misc. No.49098/2019, they were granted bail.

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The petitioner having evaded the arrest for three long years and finally coming into judicial custody in 2022 and preferring the present case cannot equate himself with the other co-accused.

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Taking into account the aforesaid fact and the materials on record as also the kind of loot that has been

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Patna High Court CR. MISC. No.28411 of 2022(2) dt.25-08-2022 3/3

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attributed to amongst other the petitioner and the conduct of the petitioner, this Court is not inclined to grant him privilege of bail, for the present, which is accordingly rejected.

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(Rajiv Roy, J)

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Prakash Narayan /- U T

Sunil Kumar Paswan @ Sunil Kumar v. The State of Bihar

Case brief

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Sunil Kumar Paswan @ Sunil Kumar v. The State of Bihar

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