Sarvan Paswan @ Shravan Paswan vs The State Of Bihar
2023 Latest Caselaw 224 Patna

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No.18657 of 2022
        Arising Out of PS. Case No.-131 Year-2018 Thana- BARUN District- Aurangabad
   ======================================================

Sarvan Paswan @ Shravan Paswan, aged about 22 years, Son of Ramesh

Paswan, Resident of Village- Belai, P.S.- Nabinagar, District- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the State : Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 18-01-2023

Heard Mr. Sanjay Kumar, learned counsel for the

petitioner and Ms. Anita Kumari Singh, learned Additional Public

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

2. The petitioner who is in custody, seeks bail 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, 35 of The Arms Act, 1959.

3. This is the third attempt for bail as earlier such prayer

was rejected by judgment and order dated 09.12.2019 passed in Patna High Court CR. MISC. No.18657 of 2022 dt.18-01-2023

Cr. Misc. No. 78130 of 2019 and thereafter by judgment and order

dated 28.07.2021 in Cr. Misc. No. 7923 of 2021.

4. The petitioner is accused of being the person who

while being in prison had given the 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

assailant/arrested person should contact for execution of such

crime.

5. Learned counsel for the petitioner submitted that

admittedly the petitioner was in custody on the date the

occurrence took place and at best the allegation is that he had only

given an idea to commit loot and not even given the details of

whom to loot and kill. It was also submitted that the persons who

had executed the crime have already been enlarged on bail.

Learned counsel submitted that the petitioner has been in custody

now for more than four years as he was remanded in the present

case on 07.12.2018.

6. Learned APP submitted that the petitioner is the person

who had given the idea of the crime to the persons arrested.

However, it is not controverted that the allegation is not with

regard to specifically planning the present crime and identifying Patna High Court CR. MISC. No.18657 of 2022 dt.18-01-2023

the victim and only an idea to loot four wheelers on the national

highway was given.

7. Having considered the submissions of learned counsel

for the parties and taking into account the nature of the allegation

and the period of incarceration, the Court is inclined to allow the

prayer for bail.

8. Accordingly, let the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000 (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned Additional District and Sessions Judge-III, Aurangabad in

Barun PS Case No. 131 of 2018, subject to the conditions (i) that

one of the bailors shall be a close relative of the petitioner, (ii) that

the petitioner and the bailors shall execute bond with regard to

good behaviour of the petitioner, and (iii) that the petitioner shall

also give an undertaking to the Court that he shall not indulge in

any criminal activity, act in violation of any law/statutory

provision, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent Patna High Court CR. MISC. No.18657 of 2022 dt.18-01-2023

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

9. The application stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Arish/-

P.Kumar/-

AFR/NAFR U T