The Patna High Court granted bail to Chandan Paswan in a robbery case involving murder and dacoity, allowing him to surrender a fine bond and sureties pending trial.
Petitioner released on bail with Rs.10,000 bond and two sureties subject to court 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.5956 of 2022
Arising Out of PS. Case No.-366 Year-2019 Thana- TEGHRHA District- Begusarai
======================================================
Chandan Paswan, Son of Sahendra Paswan, Resident of Ward no.01, Narhan, State, P.S.- Bibhutipur, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Pritish Kumar Lal, Advocate For the Opposite Party/s : Mr.Ramchandra Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 23-02-2022
Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Sessions Trial No.175 of 2021 (Reg. No.175 of 2021) arising out of Teghra P.S. Case No.366 of 2019 initially registered for the offence punishable under Sections 392 of the Indian Penal Code, however, charge-sheet has been submitted under Sections 395, 397 and 411 of the Indian Penal Code.
While rejecting the petitioner’s prayer for bail on 05.01.2021 in Cr.Misc. No.30354 of 2020, this Court had granted liberty to the petitioner to renew his prayer for bail after framing of charges.
Prosecution case alleges that five persons have taken away the pick-up van. Three persons, including the petitioner,
Patna High Court CR. MISC. No.5956 of 2022(3) dt.23-02-2022 2/3
were arrested with the pick-up van.
Petitioner’s counsel submits that on 16.07.2021
charge has been framed against the petitioner. It is also submitted that similarly situated co-accused, namely, Amarjit Kumar, Suman Kumar, Sonu Kumar and Ram Sakal Mahto have already been allowed bail in Cr.Misc. No.9663 of 2021, Cr.Misc. No.4067 of 2021, Cr.Misc. No.1272 of 2021 and Cr.Misc. No.7518 of 2021, respectively.
Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions based on parity with other similarly situated co-accused, and also the fact that charges have been framed against the petitioners; as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner’s counsel. Prayer for bail of the petitioner is allowed.
Accordingly, 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 the learned Additional District & Sessions JudgeIV, Begusarai, in connection with Sessions Trial No.175 of 2021
Patna High Court CR. MISC. No.5956 of 2022(3) dt.23-02-2022 3/3
(Reg. No.175 of 2021) arising out of Teghra P.S. Case No.366 of 2019, subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner’s counsel
would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
(Madhuresh Prasad, J)
PNM
U T
1 issue framed by the court
Whether bail should be granted to the petitioner given framing of charges and parity with released co-accused.
Chandan Paswan
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
