Suman Kumar Paswan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Suman Kumar Paswan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Bail prayer allowed: petitioner directed to be released on bail after commitment of the case on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria; trial court directed to conclude the commitment proceeding within 15 days from receipt of a copy of the order.

Issue for consideration

Whether the petitioner, an accused in Raniganj P.S. Case No.367 of 2023 registered for the offence under Sections 395 of the Indian Penal Code, should be released on bail.

Court's answer

Bail granted: the petitioner is directed to be released on bail after commitment of the case, in connection with Raniganj P.S. Case No.367 of 2023, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria, considering the facts and circumstances and the petitioner's submissions (not named in FIR; recovery from co-accused; no TIP despite completed investigation and filed charge-sheet; co-accused already granted bail on 21.03.2024; in custody since 20.09.2023).

Ratio / Principle

The trial court is directed to conclude the proceeding of commitment of the case within a period of 15 (fifteen) days from the date of receipt of a copy of this order.

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.11078 of 2024 (order dated 19-04-2024), arising out of Raniganj P.S. Case No.367 of 2023, District Araria (offence under Sections 395 IPC — alleged dacoity in the informant's house). Petitioner's submissions: not named in the FIR; looted articles recovered from co-accused; no TIP conducted although investigation is complete and charge-sheet filed; co-accused already granted bail by this Court on 21.03.2024 in Cr. Misc. No. 18906 of 2024; petitioner in custody since 20.09.2023. Learned APP opposed the bail prayer. Court (Ramesh Chand Malviya, J): petitioner directed to be released on bail after commitment of the case on bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria; trial court directed to conclude the commitment proceeding within 15 days from receipt of a copy of the order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11078 of 2024

Arising Out of PS. Case No.-367 Year-2023 Thana- RANIGANJ District- Araria

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

Suman Kumar Paswan Son of Ramesh Paswan Resident of Village- Barmotra Gopipur Ward No. 12, Police Station- Bhargama, District- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Rana For the Opposite Party/s : Mr.Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

3 19-04-2024 Heard learned counsel appearing on behalf

of the parties.

The petitioner seeks bail in connection with Raniganj P.S. Case No.367 of 2023 registered for the offence under Sections 395 of the Indian Penal Code.

Allegation against this petitioner is to have

committed dacoity along with other co-accused persons in the house of the informant.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner is not named in the FIR. It is submitted that the looted articles have been recovered from other co-accused persons, but it appears from

Patna High Court CR. MISC. No.11078 of 2024(3) dt.19-04-2024 2/2

perusal of impugned order that no TIP has been conducted as yet, where, investigation of this case has been completed, for which, charge-sheet has already been submitted. It is further submitted that co-accused has granted bail by this Court vide order dated 21.03.2024 passed in Cr. Misc. No. 18906 of 2024. Petitioner is in custody since 20.09.2023.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after commitment of the case , in connection with Raniganj P.S. Case No.367 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria.

The trial court is directed to conclude the proceeding of commitment of the case within a period of 15 (fifteen) days from the date of receipt of a copy of this order.

(Ramesh Chand Malviya, J)

Mayank/-

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