Patna High Court – Orders
Hare Ram Paswan vs The State Of Bihar on 29 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22657 of 2025
Arising Out of PS. Case No.-8 Year-2009 Thana- KORANSARAI District- Buxar
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1. Hare Ram Paswan S/O Deo Lal Paswan R/O Village- Amsari, P.S- Murar,
Distt.- Buxar.
2. Deepak Kumar @ Ajay Kumar @ Wakili S/O Late Gajendra Kumhar R/O
Village- Amsari, P.S- Murar, Dist.- Buxar.
... ... Petitioners.
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 29-05-2025
Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in a case registered for the
offence punishable under Sections 394, 395 and 412 of the
Indian Penal Code.
3. The allegation in the first information report is
that four unknown miscreants are said to have looted the
informant’s mobile phone and purse on the point of pistol. The
petitioners had been granted bail in the present case earlier but,
subsequently, on 22.08.2023, their bail bonds had been
cancelled and they were taken into custody on 19.02.2025.
4. At the very outset, it is submitted by learned counsel
Patna High Court CR. MISC. No.22657 of 2025(4) dt.29-05-2025
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for the petitioners that it is case of misuse of privilege of bail. It
is further submitted that the petitioners are not named in the first
information report and no recovery has been made from their
conscious or physical possession. As a matter of fact, earlier the
petitioners were granted privilege of bail and, for earning their
livelihood, they went to Punjab but the family members did not
make proper pairvi in this case, hence their bail bonds had been
cancelled by the learned Court below. It is further submitted that
the similarly situated co-accused, namely, Ram Bharosa
Choudhary and Kamlesh @ Ojha Choudhary have already been
granted privilege of bail by a co-ordinate Bench of this Court
vide order dated 12.05.2025 passed in Cr. Misc. No.18285 of
2025. The petitioners have have been languishing in custody
since 19.02.2025.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case as well as the fact that it is case of
misuse of privilege of bail, the above named petitioners are
directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Court below
Patna High Court CR. MISC. No.22657 of 2025(4) dt.29-05-2025
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where the case is pending/successor Court in connection with
Sessions Trial No.333 of 2009 arising out of Koransarai P.S.
Case No.08 of 2009, subject to the condition that the petitioners
shall remain physically present in court on each and every date
during trial and in the event of failure on two consecutive dates
without sufficient reasons, their bail bonds shall be liable to be
cancelled by the learned court concerned.
(Soni Shrivastava, J)
devendra/-
U T