Brajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1837 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Brajesh Paswan, aged about 29 years (M), Son of Late Ram Ishwar Paswan, Resident of Village -Aaripur, P.S. Barabar Paryatan (Vishunganj O.P.), District- Jehanabad.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar, Adv.

For the Opposite Party/s :

Mr.Sri Nand Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Makhdumpur P.S. Case No. 164 of 2018 registered for the offences punishable under Section 392 of the Indian Penal Code.

Informant has alleged in his written complaint that on 25.05.2018 in the night while he was coming to his house on his Passion Pro motorcycle, three miscreants riding on motorcycle came from behind and assaulted him and snatched his motorcycle, mobile, purse containing Rs. 18,000/- and A.T.M card and fled away.

Petitioner has earlier moved this Court for bail vide

Patna High Court Cr.Misc. No.1837 of 2019(2) dt.16-01-2019 2/2 Cr. Misc. No. 56097 of 2018 which was rejected on 06.10.2018 with a liberty to renew his prayer for bail after completion of six monhts in custody. Petitioner is in custody since 25.06.2018. Considering the aforesaid facts and circumstances of the case and the observation made in order dated 06.10.2018 passed in Cr. Misc. No. 56097 of 2018, petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jehanabad in connection with Makhdumpur P.S. Case No. 164 of 2018 with following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T