Allowed

Anuj Paswan v. The State of Bihar

Patna HC12 Apr 2023CR. MISC./9583/2023

Case brief

AI extract

What is this about?

Allowed bail application in a theft case (Section 395 IPC) where trial had not proceeded. Granted bail with conditions including attendance at police station every fortnight, verification of antecedents, and co-operation in trial.

What did the court decide?

Petitioner enlarged on bail with a bond of Rs. 25,000/- and two sureties, subject to strict conditions including fortnightly police attendance.

Anuj Paswan Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9583 of 2023

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Arising Out of PS. Case No.-566 Year-2020 Thana- WAJIRGANJ District- Gaya

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

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Anuj Paswan Son Of Shankar Paswan Resident Of Village- Krit Nawada, P.S.- Chandauti, District- Gaya

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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4 12-04-2023

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Heard Mr. Sudhir Kumar Sinha, learned counsel

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appearing on behalf of the petitioner and Mr. Ajay Kumar Jha, learned A.P.P. appearing on behalf of the State.

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The petitioner seeks regular bail in connection with S.Tr. No. 293 of 2021 arising out of Wazirganj P.S. Case No. 566 of 2020, for the offence punishable under Section 395 of the Indian Penal Code.

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Learned counsel appearing on behalf of petitioner informs this Court that as on date trial has not proceeded and the same is substantiated by the Report of the learned I/c Additional Sessions Judge-I, Gaya contained in Letter No. 353 dated 22.03.2023. The allegation as made in the F.I.R. is that 8 unknown miscreants entered into the house of the informant and

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on the point of gun, they looted golden jewelry, documents, cash of Rs. 70,000/- and another articles. The bail application of the

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Patna High Court CR. MISC. No.9583 of 2023(4) dt.12-04-2023 2/3

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petitioner was rejected on the ground that petitioner’s criminal antecedent is not clean and it would be injurious to the society to release the petitioner on bail.

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Learned APP has opposed the prayer for grant of bail to the petitioner.

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Considering the fact that petitioner has made out a case that no progress has taken place in conduct of the trial and other similarly situated co-accused have been released on bail and the fact that the trial has not commenced, let the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1^st Addl. Sessions Judge, Gaya in connection with S.Tr. No. 293 of 2021, arising out of Wazirganj P.S. Case No. 566 of 2020, subject to the following conditions:-

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(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

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(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

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(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

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Patna High Court CR. MISC. No.9583 of 2023(4) dt.12-04-2023 3/3

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to move for cancellation of bail of the petitioner.

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(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

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(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

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(6) The petitioner will make his attendance before the concerned Police Station under which his house is located every fortnight till conclusion of the trial and on any single default without any valid reasons on the part of the petitioner, his bail bonds shall be cancelled and the concerned SHO of the Police Station shall submit his monthly attendance report to the Superintendent of Police having jurisdiction.

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(Purnendu Singh, J)

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minu/manish

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U T

Anuj Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anuj Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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