Shrawan Paswan vs The State Of Bihar
2021 Latest Caselaw 3741 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No. 7923 of 2021
      Arising Out of PS. Case No.-131 Year-2018 Thana- BARUN District- Aurangabad
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Shrawan Paswan, Male, aged about 29 years son of Ramesh Paswan, Resident of Village- Belai, PS Nabinagar, District- Aurangabad.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s     :       Mr. Yogesh Chandra Verma, Senior Advocate
                                  Ms. Priyanka Singh, Advocate
 For the State            :       Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Yogesh Chandra Verma, learned senior

counsel along with Ms. Priyanka Singh, learned counsel for the

petitioner and Mr. Md. Arif, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with Barun

PS Case No. 131 of 2018 dated 04.07.2018, instituted under

Sections 394, 302, 120B of the Indian Penal Code and 25(1-B)a,

26, 27 and 35 of the Arms Act, 1959.

4. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by judgment and order dated

09.12.2019 passed in Cr. Misc. No. 78130 of 2019.

Patna High Court CR. MISC. No.7923 of 2021 dt.28-07-2021

5. The accusation against the petitioner is that he was

the person who, being in prison, had given idea to the arrested co-

accused who had shot dead the driver of a Scorpio vehicle trying

to loot it and had also suggested the name of the person whom the

arrested person should contact for execution of such crime.

6. Learned counsel for the petitioner submitted that as

per the FIR, it is the confessional statement of co-accused Govind

Paswan, who was the cousin brother of the petitioner and he has

only stated that when he went to visit the petitioner in jail, the

petitioner suggested that for greater income, they should loot

expensive four wheelers from the National Highway and had also

suggested the name of persons to be contacted. It was submitted

that besides the said statement having been made before the

police, which is inadmissible in evidence, the only role of the

petitioner is that he had suggested the arrested person to resort to

looting of expensive vehicles from the National Highway. It was

submitted that the petitioner has no direct role or did not operate

any gang and further that even the arrested person has not said that

he belonged to the gang of the petitioner. It was submitted that the

petitioner is in custody since 07.12.2018.

7. Learned APP submitted that there is no change in

circumstances to consider afresh the prayer for bail to the Patna High Court CR. MISC. No.7923 of 2021 dt.28-07-2021

petitioner except for passage of time. It was submitted that in the

FIR itself, it has been stated that when the arrested person had

gone to meet the petitioner, who is his cousin brother, he has not

only suggested him to loot expensive four wheelers on the

National Highway but had also disclosed the name of persons

whom he should go and meet and on the basis of the same, the

crime was committed. Thus, it was submitted that the petitioner is

the main brain behind the entire crime and can be very well said to

be the leader of the gang. Further, it was submitted that the

petitioner is accused in Barachatti PS Case No. 155 of 2015

instituted under Sections 364A, 395 and 412 of the Indian Penal

Code. Thus, learned APP submitted that the petitioner is the brain

behind many crimes and operates even while being incarcerated

and if allowed to come out, the potential to cause damage to the

society is high. Further, it was submitted that there was no

occasion for the cousin brother of the petitioner to expose him had

it not been a fact as the police had no information or knowledge

that the petitioner also was a person related to the said accused

who could be implicated and, thus, the statement of co-accused

cannot be said to be under duress. Learned APP submitted that

even otherwise, the said statement is a valid piece of information

which the police are required to follow up as in investigation, it is Patna High Court CR. MISC. No.7923 of 2021 dt.28-07-2021

one of the key sources of information to the police to proceed with

the investigation and with regard to the interest of the petitioner,

the same is safeguarded as everything shall have to be proved in

accordance with law during trial and in which the petitioner will

get ample opportunity to prove his innocence.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant bail to the petitioner.

9. Accordingly, the petition stands dismissed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T