Chandan @ Chandan Kumar Paswan @ Chandan Paswan @ Afchan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49707 of 2018 Arising Out of PS.Case No. -38 Year- 2018 Thana -SALKHUA District- SAHARSA ====================================================== Chandan @ Chandan Kumar Paswan @ Chandan Paswan @ Afchan Kumar Son of Devilal @ Saini Paswan Resident of Village - Murli Tola, Garsaiyal, P.S. - Salkhua, District - Saharsa.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-10-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Salkuha P.S.Case No. 38 of 2018 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegation as per FIR is that three miscreants came and snatched the motorcycle of the informant and also taken away cash and mobile. Petitioner is not named in the FIR and later on his name transpired on the information given by spy. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case because of information supplied by spy and except that there is no material against the petitioner and nothing has been recovered from his possession and he is in custody since 1.3.2018. Further submission is that though

Patna High Court Cr.Misc. No.49707 of 2018 (2) dt.04-10-2018 2/2 he has been made accused in three other cases but he has been acquitted in other cases.

Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and in the facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Saharsa, in connection with Salkuha P.S.Case No. 38 of 2018, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U T