Bijendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18030 of 2020 Arising Out of PS. Case No.-59 Year-2019 Thana- SONBERSA District- Sitamarhi ====================================================== BIJENDRA PASWAN Son of Ashok Paswan R/o Village- Bhishwa Bazar, P.S. - Bela, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-06-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 395 and 397 of the Indian Penal Code and Section 3/4 of the Explosive Substances Act.

Informant in his written complaint has alleged that in the night of 04.03.2019 at about 2:00 pm, 20 to 25 unknown miscreants variously armed entered his house after breaking the main gate and took gold jewellery, cash, ration card, LPG gas papers, and papers of land. FIR is against unknown.

Patna High Court CR. MISC. No.18030 of 2020(2) dt.10-06-2020 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on the basis of suspicion only. No incriminating material has been recovered from the possession of the petitioner. Petitioner is not named in the FIR. Petitioner has not been put on TIP till date. Petitioner is in custody since 27.07.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 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 Sonbarsa P.S. Case No. 59 of 2019, 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/her absence on two consecutive dates without sufficient reason, his/her 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

Patna High Court CR. MISC. No.18030 of 2020(2) dt.10-06-2020 3/3 be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U