Roshan Kumar @ Raushan Kumar @ Raju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7315 of 2019 Arising Out of PS. Case No.-447 Year-2014 Thana- BARAUNI District- Begusarai ====================================================== ROSHAN KUMAR @ RAUSHAN KUMAR @ RAJU PASWAN Male aged about 42 years Son of Late Bino Paswan Resident of Village- Bijuliya, Police Station- Khodawandpur, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Barauni (Chakia) P.S. Case No. 447 of 2014 registered for the offence punishable under Sections 394 of the Indian Penal Code.

Informant has alleged in his written complaint that on 22.10.2014 at about 6:00 pm, he was proceeding towards his residence after closing the office with Rs. 53,700/- cash in a bag and when he reached near Simariya Goriyahi Dhala three unknown persons signalled him to stop the motorcycle and

Patna High Court CR. MISC. No.7315 of 2019(2) dt.27-02-2019 2/3 when he stopped the motorcycle they snatched away the bag containing cash as well as his mobile and also snatched his motorcycle and fled away.

It has been submitted on behalf of the petitioner that petitioner has been remanded in this case from Mansoorchak P.S. Case No. 164 of 2014 and the alleged mobile has been found to be used by the petitioner. Petitioner is in custody since 22.04.2015.

Considering the aforesaid facts and circumstances of the case and the period of custody, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-Begusarai, in connection with Barauni (Chakia) P.S. Case No. 447 of 2014 , 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 the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence

Patna High Court CR. MISC. No.7315 of 2019(2) dt.27-02-2019 3/3 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) ranjan/- U