Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33121 of 2021 Arising Out of PS. Case No.-168 Year-2020 Thana- RAHIKA District- Madhubani ====================================================== SANJAY PASWAN, aged about 25 years (Male), Son of Upendra Paswan, Resident of Village- Maniyari, Teliya Pokhar, P.S.- Sadar (Mobbi O.P.), District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 08-10-2021 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 379 of the Indian Penal Code. As per FIR, unknown thieves have stolen two tractors of the shop owner of the informant which was parked in the night of 27.12.2020 in front of his Hardware shop. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It has further been submitted that petitioner is not named in the FIR and his name has surfaced in this case on the confessional statement made by the co-accused and except said confessional statement, there is no any other incriminating material against

Patna High Court CR. MISC. No.33121 of 2021(2) dt.08-10-2021 2/2 the petitioner. Petitioner has no criminal antecedent and he is in custody since 09.01.2021.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Rahika P.S. Case No. 168 of 2020 (CRI Case No.2577/2020) 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, prosecution will be at liberty to move for cancellation of bail of the petitioner.

Sanjay/- (S. Kumar, J) U T