Bhuar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6717 of 2016 Arising Out of PS.Case No. -229 Year- 2015 Thana -KOILWAR District- BHOJPUR ====================================================== Bhuar Paswan, Son of Rajendra Paswan, Resident of village - Dhanupra, P.S. Ara Town, District - Bhojpur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bhavesh Kumar, Advocate.

For the Opposite Party : Mr. B.N. Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Koilwar P.S. Case No. 229 of 2015 registered for the offence punishable under Section 394 of the Indian Penal Code.

Allegedly three unknown miscreants after stopping the pick-up van and assaulting the informant snatched Rs. 3000/- from the pocket of the informant and also Samsung mobile having double SIM. During investigation the looted mobile and SIM were recovered from possession of Somaru Paswan and the petitioner respectively.

Submission is of false implication and that the petitioner has been made victim of the circumstances, he has got

Patna High Court Cr.Misc. No.6717 of 2016 (3) dt.08-04-2016 2/2 clean antecedent and only for recovery of a SIM he is suffering in custody since 20.10.2015.

The learned APP opposes the prayer of bail by submitting that the looted SIM was recovered from the possession of the petitioner.

In the facts and circumstances stated above, considering the custody of the petitioner and further that he has got no criminal antecedent, the petitioner above named is directed to be enlarged on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Koilwar P.S. Case No. 229 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) KKSINHA/- U T