Dinesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11719 of 2019 Arising Out of PS. Case No.-30 Year-2017 Thana- MEHANDIA District- Jehanabad ====================================================== DINESH PASWAN aged about 27 years Gender-Male Son of Late Shree Ram Paswan R/o village- Bharaon , P.S- Obra , District- Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 392/411 of the Indian Penal Code. Informant in his written complaint has alleged that while he was coming on his motorcycle three unknown miscreants intercepted and stopped his motorcycle and snatched away his motorcycle and Rs.5000/- from his possession and fled away. It is alleged that the said motorcycle has been recovered from the possession of petitioner.

It has been submitted on behalf of the petitioner that he

Patna High Court CR. MISC. No.11719 of 2019(2) dt.14-03-2019 2/3 was a pillion rider and motorcycle was driven by one Guddu Rajbanshi who fled away on seeing the police and petitioner was apprehended on the spot and he was not aware that the motorcycle on which he was sitting is a looted motorcycle. Petitioner is in custody since 19.07.2017.

Considering the aforesaid facts and circumstances of the case, 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 court below where the case is pending in connection with Mehandia P.S. Case No. 30 of 2017, 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 absence on two consecutive dates without sufficient reason, 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,

Patna High Court CR. MISC. No.11719 of 2019(2) dt.14-03-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U