Patna High CourtCR. MISC./16426/2017bail granted

Ramprit Paswan v. The State Of Bihar

2017-04-04Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.16426 of 2017 (2) dt.04-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16426 of 2017 Arising Out of PS.Case No. -215 Year- 2016 Thana -PHULPARAS District- MADHUBANI ====================================================== Ramprit Paswan, son of Late Heera Lal Paswan, resident of village Sisawa Barhi, P.S. Phulpras, District Madhubani. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Gagan Deo Yadav, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.01.2017 in connection with Phulpras P.S. Case No. 215 of 2016 for the alleged offences under Sections 420, 409, 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and even according to the FIR it is not a case of defalcation, rather of non-completion of the work. It is submitted that subsequently the work has been completed by the petitioner.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 17.01.2017 already suffered by the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate II,

Patna High Court Cr.Misc. No.16426 of 2017 (2) dt.04-04-2017 Jhanjharpur, Madhubani in connection with Phulpras P.S. Case No. 215 of 2016 on the following conditions :- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii)That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T