Raja Paswan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Raja Paswan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail in connection with Lauriya P.S. Case No. 386 of 2024 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-1st, Bettiah, West Champaran/concerned court, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and further conditions: (i) one bailor to be a close relative of the petitioner; (ii) presence on each and every date fixed by the court below; (iii) bail bond liable to cancellation on absence on three consecutive dates or violation of the terms of bail.

Issue for consideration

Whether the petitioner, implicated in Lauriya P.S. Case No. 386 of 2024 for offences under Sections 303(2), 317(2), 317(5), 338 and 336(3) of the B.NS., should be released on bail.

Court's answer

Having regard to the facts and circumstances, the submissions made on behalf of the parties, the petitioner's clean antecedent, his period of custody and the submission of charge-sheet, the Court directed the petitioner to be released on bail in connection with Lauriya P.S. Case No. 386 of 2024.

Ratio / Principle

Bail was granted on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-1st, Bettiah, West Champaran/concerned court, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and further conditions imposed by the Court: (i) one bailor to be a close relative of the petitioner; (ii) the petitioner to remain present on each and every date fixed by the court below; (iii) bail bond liable to cancellation on absence on three consecutive dates or violation of the terms of bail.

Detailed headnote1 paragraphs

Patna High Court (Hon'ble Mr. Justice Arun Kumar Jha), oral order dated 13-05-2025 in Criminal Miscellaneous No.6230 of 2025, arising out of Lauriya P.S. Case No. 386 of 2024, Thana Lauriya, District West Champaran. Bail allowed to Raja Paswan, apprehended during vehicle checking while riding a motorcycle later found stolen, the case having been registered for offences under Sections 303(2), 317(2), 317(5), 338 and 336(3) of the B.NS. Considering the petitioner's clean antecedent, his custody since 12.11.2024 and submission of charge-sheet, the Court directed his release on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned ACJM-1st, Bettiah, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and additional conditions: one bailor to be a close relative of the petitioner; attendance on each and every date fixed by the court below; and liability of the bail bond to cancellation on absence on three consecutive dates or violation of bail terms. No precedents were cited or discussed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6230 of 2025

Arising Out of PS. Case No.-386 Year-2024 Thana- LAURIA District- West Champaran

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

Raja Paswan S/o Indrajit Paswan @ Indrajit Hajara R/o Village- Suwar Chhap, P.S.- Lauriya, District- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

3 13-05-2025

Heard learned counsel for the petitioner and learned

APP for the State.

In this present case, the petitioner seeks bail in connection with Lauriya P.S. Case No. 386 of 2024 registered for the offences under Sections 303(2), 317(2), 317(5), 338 and 336(3) of the B.NS.

As per prosecution case, during checking of vehicle, one motorcycle rider was signaled to stop who tried to flee away on seeing the police party. He was apprehended but did not produce any document of the motorcycle and subsequently police came to know about motorcycle being stolen. Apprehended person is the petitioner herein.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been

Patna High Court CR. MISC. No.6230 of 2025(3) dt.13-05-2025 2/3

falsely implicated in this case. No occurrence as alleged has ever taken place. The stolen motorcycle was not seized from the possession of this petitioner. Petitioner has no concern with the seized motorcycle and he is not the accused in Bettiah (Muffasil) P.S. Case No. 142 of 2021 which was lodged for theft of the motorcycle in question. Petitioner is in custody since 12.11.2024 and charge-sheet has been submitted. Petitioner is having clean antecedent.

Learned A.P.P. opposes the submission made on behalf of the petitioner.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner along with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned ACJM-1st, Bettiah, West Champaran/concerned court in connection with Lauriya P.S. Case No. 386 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close

Patna High Court CR. MISC. No.6230 of 2025(3) dt.13-05-2025 3/3

relative of the petitioner.

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

(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.

(Arun Kumar Jha, J)

balmukund/-

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