Aashish Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19832 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- RAXAUL RAIL P.S. District- West Champaran ====================================================== AASHISH ANAND, aged about 20 years, (Male), S/o Rajeshwar Paswan, R/o village- Bhawadepur Got, P.S.- Riga, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-04-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 328, 307, 379 of the Indian Penal Code.

Informant has alleged in his fardbeyan that while they were sitting in the train some unknown miscreants gave "prasad" and water to the informant and he became unconscious and when they re-gain their consciousness they were in Muzaffarpur hospital, they found that money and mobile phone was missing. During investigation, some accused were arrested but in their confession they have not named petitioner as co-accused. From possession of petitioner one stolen mobile has

Patna High Court CR. MISC. No.19832 of 2019(2) dt.02-04-2019 2/3 been recovered.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner took said mobile which was thrown on the way. Petitioner has no criminal antecedent and is in custody since 26.01.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Raxaul Railway P.S. Case No. 91 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.19832 of 2019(2) dt.02-04-2019 3/3

(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.

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