Bharat Prasad @ Bharat Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41462 of 2018 Arising Out of PS.Case No. -162 Year- 2018 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== BHARAT PRASAD @ BHARAT PASWAN S/o Satya Narayan Prasad, resident of Village- Jaitpur, P.S.- Udwantnagar, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Jagdishpur P.S. Case No. 162 of 2018 for offences punishable under Section 414 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that during investigation of Jagdishpur P.S. 147 of 2018, three persons were arrested who were engaged in loot of travelers and passengers and who confessed that they had stolen gold ornaments and other items and the gold ornaments were sold in the shop of the petitioner who owns a shop namely Bharat

Patna High Court Cr.Misc. No.41462 of 2018 (2) dt.13-07-2018 2/3 Jewelers. On raid from the shop, one gold chain and one ear ring was found which was alleged to be stolen one. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and did not know that the gold ornaments sold by the petitioner were stolen one. He submits that the petitioner is languishing in judicial custody since 30.04.2018 and is ready to cooperate in the investigation.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 162 of 2018, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) The petitioner will cooperate in the investigation, provide all information and appear before the police station/court

Patna High Court Cr.Misc. No.41462 of 2018 (2) dt.13-07-2018 3/3 as and when required, failing which his bail bonds will be liable to be cancelled.

(Nilu Agrawal, J) Devendra/- U T