Allowed

Nirdosh Paswan v. The State of Bihar

Patna HC3 May 2023CR. MISC./6907/2023

Case brief

AI extract

What is this about?

The court granted bail to the petitioner in a rape case under Section 376 IPC solely on the condition that he furnish a bail bond along with two sureties and comply with specified conditions including presence at hearings and surrendering the bond on three consecutive absences.

What did the court decide?

Release on bail by furnishing a bond of Rs. 20,000 with two sureties of the like amount to the satisfaction of the Magistrate.

Nirdosh Paswan Vs The State of Bihar — Cheating and Forgery | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6907 of 2023

¶2

Arising Out of PS. Case No.-103 Year-2020 Thana- BEERPUR District- Begusarai

¶3

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

¶4

Nirdosh Paswan, Son of Jhunjhun Paswan @ Shiv Prasad Paswan, R/v- Gara, P.S.- Bhagwanpur, District- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

¶11

2 03-05-2023

¶12

Heard learned counsel for the petitioner and learned

¶13

APP for the State.

¶14

In the present case, the petitioner seeks bail in connection with Birpur P.S. Case No. 103 of 2020 registered for the alleged offences under Section 394 of the Indian Penal Code.

¶15

As per prosecution case, four miscreants robbed the informant who has been working as nozzleman at a fuel center and took away Rs. 20,000/- to 25,000/- along with his mobile phone. The name of the petitioner surfaced during investigation as one of the accused persons.

¶16

The learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the

¶17

Patna High Court CR. MISC. No.6907 of 2023(2) dt.03-05-2023 2/3

¶18

conscious possession of the petitioner. No Test Identification Parade has been conducted. Merely on the basis of confessional statement of co-accused Dharamveer Kumar, the petitioner has been arraigned as accused in this case. The co-accused Dharmaveer Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 23.07.2021 passed in Cr. Misc. No. 20128 of 2021. Other co-accused persons have also been granted bail by Different Co-ordinate Benches of this Court vide order dated 25.11.2021 passed in Cr. Misc. No. 30830 of 2021 and order dated 14.12.2021 passed in Cr. Misc. No. 39901 of 2021. The petitioner is in custody since 21.05.2022 and charge-sheet has been submitted.

¶19

Learned APP opposes the prayer for bail submitting that the petitioner is having long criminal history and is accused in five such cases. At this stage, learned counsel for the petitioner submits that petitioner has been granted bail in four such cases.

¶20

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and also considering the period of custody of the petitioner along with submission of charge-sheet against him, the petitioner

¶21

Patna High Court CR. MISC. No.6907 of 2023(2) dt.03-05-2023 3/3

¶22

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 Additional Chief Judicial Magistrate-VI, Begusarai in connection with Birpur P.S. Case No. 103 of 2020, subject to the condition mentioned in Section 437(3) of the Cr.P.C. and other the following conditions:

¶23

(i) One of the bailors will be a close relative of

¶24

the petitioner.

¶25

(ii) The petitioner will remain present on each and every date fixed by the court below.

¶26

(iii) 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.

¶27

(Arun Kumar Jha, J)

¶28

balmukund/-

¶29

U T

Nirdosh Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nirdosh Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dhiru Tiwari @ Dheeraj Kumar Tiwari Vs The State of Bihar

Pramod Rai @ Pramod Kumar Vs the State of Bihar

Suraj Kumar Gutpa @ Suraj Kumar @ Lal Babu Vs The State of Bihar

Vikash Kumar Vs The State of Bihar

Saurav Kumar @ Gholat Singh Vs The State of Bihar

Mithun Kumar Vs the State of Bihar