Disposed

Biru Paswan v. The State of Bihar

Patna HC21 Oct 2024CR. MISC./41420/2024

Case brief

AI extract

What is this about?

Petitioner in custody in a Sarairanjan PS case involving recovery of a pistol and live cartridges sought bail, citing repeated implication due to criminal antecedents and his young age. Considering his custody period and undertaking to appear in trial, the court granted conditional bail with sureties and attendance obligations.

What did the court decide?

Release on bail on furnishing bail bond of Rs. 10,000 with two sureties to CJM Samastipur, subject to five specified conditions including periodic police-station attendance for one year.

Biru Paswan Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41420 of 2024

¶2

Arising Out of PS. Case No.-47 Year-2024 Thana- SARAI RANJAN District- Samastipur

¶3

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

¶4

Biru Paswan Son Of Birju Paswan @ Virju Paswan Village- Chakbaladhari Ps- Sadar, Dist- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

¶11

4 21-10-2024

¶12

Heard Ms. Mili Kumari, learned counsel for the petitioner and the State.

¶13

The petitioner is in custody in connection with Sarairanjan P.S. Case No. 47 of 2024 for the offence under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-B)A, 26, 35 of the Arms Act lodged on 02.04.2024 by the informant, Ravikant Kumar.

¶14

As per the prosecution story, the informant on secret information that the accused persons have gathered to commit some offence, reached the place and apprehended the petitioner, from him there is/are recovery of a pistol, three live cartridges and a motorcycle, as no document was produced, he was arrested and FIR was lodged.

¶15

Learned counsel for the petitioner submits only

¶16

Patna High Court CR. MISC. No.41420 of 2024(4) dt.21-10-2024 2/3

¶17

because of criminal antecedents, he is being implicated by the police again and again. He is 22 years of age and if granted relief, undertakes to diligently appear in the trial. The last submission is that he is in custody since 03.04.2024 (para-5 of the petition).

¶18

Learned APP opposes the prayer for bail submitting that upon search there is/are recovery of arms/cartridges.

¶19

Considering the submissions put forwarded for the parties as also period of custody of the petitioner, he is only 22 years of age and has undertaken to diligently appear in the trial, this Court is inclined to extend him the privilege of bail with conditions.

¶20

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Sarairanjan P.S. Case No. 47 of 2024 subject to the following conditions:

¶21

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona every month for next one year fide;

¶22

(ii) the petitioner shall appear on each and every date before the Trial Court and the failure to do so for two

¶23

Patna High Court CR. MISC. No.41420 of 2024(4) dt.21-10-2024 3/3

¶24

consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

¶25

(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his attendance;

¶26

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of bail bond.

¶27

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

¶28

(Rajiv Roy, J)

¶29

Amandeep/-

¶30

U T

Biru Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Biru 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

Parma Nand Kumar Vs the State of Bihar

Kundan Kumar Vs The State of Bihar

Sanjeet Kumar Pandey @ Sanjeet Pandey Vs the State of Bihar

Karan Rikhyasan @ Chotu @ Chotu Kumar Vs The State of Bihar

Santosh Sah Vs The State of Bihar

Mantosh Kumar Vs The State of Bihar