Dayanand Paswan @ Dayanand Path v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33235 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -TIKAPATTI District- PURNIA ======================================================

1. Dayanand Paswan @ Dayanand Path Son of Ayodhi Paswan, R/o Village- Kalisthan Madhubani, P.S.-K.Hat, District-Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Tikapatti P.S.Case No.42 of 2017, registered for offences punishable under Section 379 of the Indian Penal Code. Allegation, as per F.I.R. is that theft was committed in the temple and it further appears that name of the petitioner transpired in the confession of the co-accused and on the basis of confession of the co-accused, idols were recovered. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case, as nothing has been recovered from his possession and he has clean antecedent. The petitioner has remained in custody for about 2 1⁄2 months.

Patna High Court Cr.Misc. No.33235 of 2017 (2) dt.21-07-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged 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 learned C.J.M. Ist class, Purnea in connection with Tikapatti P.S.Case No.42 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, otherwise, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U