Ashok Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58748 of 2018 Arising Out of PS.Case No. -48 Year- 2018 Thana -NAWANAGAR District- BUXAR ======================================================
1. Ashok Paswan, Son of Shyambihari Paswan,
2. Harishankar Ram, Son of Rajnath Ram, Both resident of VillageNavanagar, P.S.- Navanagar, District- Buxar.
3. Satayanarayan Kumar, Son of Brijkishore Prasad, Resident of VillageJamrodh, Dist- Rohatas (Sasaram). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek regular bail in connection with Navanagar (Basudev O.P.) P.S. Case No.48 of 2018 registered for the offence punishable under Section 379 of the Indian Penal Code.
It is alleged that some miscreants have stolen the pickup van of the informant. It has been submitted that the petitioners are not named in the F.I.R. The names of these petitioners appeared in confession of other co-accused but nothing has been recovered from their possession. The other co-accused Ravindra Kumar @ Birendra Yadav has been allowed bail by one of the coordinate bench of this court in Cr.Misc.No.59449 of 2018. The case of
Patna High Court Cr.Misc. No.58748 of 2018 (2) dt.06-10-2018 these petitioners stands on similar footing. The petitioners are in custody since 09.07.2018 and so they deserve bail. The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Navanagar (Basudev O.P.) P.S. Case No.48 of 2018, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) If the petitioners are found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail. (Sanjay Kumar, J) Harish/- U