Patna High CourtCR. MISC./34189/2017bail granted

Om Paswan v. The State Of Bihar

2017-07-26Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34189 of 2017 Arising Out of PS.Case No. -179 Year- 2016 Thana -BARUN District- AURANGABAD ====================================================== Om Paswan Son of Akshaywar Paswan, Resident of Village-Jamua Navadih, P.S.-Rohtas, Dist.-Rohtas .... .... Petitioner

Versus

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

For the Petitioner : Ms. Indra Kumari, Advocate. For the Opposite Party : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 17.11.2016, has renewed his prayer for bail in connection with Barun P.S. Case No. 179 of 2016 having earlier been rejected by order dated 16.03.2017 in Criminal Miscellaneous No. 12800 of 2017.

3. Learned counsel for the petitioner submits that the petitioner had no knowledge of the goods which was loaded in the vehicle as he is an illiterate driver of the vehicle.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 17.11.2016 already suffered, let the petitioner above named

Patna High Court Cr.Misc. No.34189 of 2017 (2) dt.26-07-2017 2/2 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 Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 179 of 2016 with 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 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.

(iv) 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.

(Vikash Jain, J) Md. Ibrarul/Chandran U T