Somaru Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.18055 of 2016 (3) dt.27-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18055 of 2016 Arising Out of PS.Case No. -229 Year- 2015 Thana -KOILWAR District- BHOJPUR ====================================================== Somaru Paswan son of Satrudhan Paswan, R/o village- Dhanupara,P.S.- Ara Town, District- Bhojpur................................. .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Md.Ashlam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-06-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Koilwar P.S. Case No. 229 of 2015 registered for the offences punishable under Sections 394/411 of the Indian Penal Code. Allegedly, three unknown miscreants after stopping the pick-up van and assaulting the informant snatched Rs. 3,000/- from the pocket of the informant and also a Samsung mobile having double SIM. During investigation the looted mobile was recovered from possession of the petitioner and SIM was recovered from Bhuwar Paswan.

Submission is of false implication and that the petitioner has been made victim of circumstances, he has got no criminal antecedent and he is suffering in custody since 20.10.2015, other co-accused Bhuwar Paswan and Mohd. Raju @ Kayamuddin have

Patna High Court Cr.Misc. No.18055 of 2016 (3) dt.27-06-2016 already been allowed bail.

Learned APP opposes the prayer of bail by pointing out the alleged recovery.

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 released 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, 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) avin/- U T