Babloo Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.26458 of 2016 (2) dt.12-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26458 of 2016 Arising Out of PS.Case No. -184 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Babloo Paswan Son of Prem Kumar Paswan Resident of Village- Ganj, Police Station - Dalsingsarai in the district of Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 394 of the Indian Penal Code.

Considering the fair antecedent of the petitioner and the undertaking of his father as also that his name transpires only on confessional statement of the co-accused but there has been no recovery from his possession , let the Petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/-(Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of Additional Chief Judicial Magistrate 3rd Rosera in connection with Bibhutipur P.S. Case No. 184 of 2015 subject to the conditions. That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how

Patna High Court Cr.Misc. No.26458 of 2016 (2) dt.12-07-2016 he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Anjana Prakash, J) Prakash/- U T