Ashok Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47879 of 2014 Arising Out of PS.Case No. -51 Year- 2014 Thana -TISIAUTA District- VAISHALI(HAJIPUR) ====================================================== ASHOK PASWAN SON OF JAI MANGAL PASWAN RESIDENT OF VILLAGENARI KHURD TARAN, P.S.- TISIAUTA, DIST.- VAISHALI.
.... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:
For the Petitioner/s : Mr. Nityanand, Adv.
For the Opposite Party/s : Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
On getting confidential information house of Chandra Madhav Singh @ Pappu was raided and during course thereof, stolen motorcycle was recovered. Subsequently, thereof, aforesaid Chandra Madhav Singh @ Pappu was apprehended who during course of inculpatory extra judicial confessional statement confessed to have another stolen motorcycle at the house of one Phudeni Paswan wherefrom the same was seized. Furthermore, one motorcycle was seized from the house of the petitioner.
From the fardbeyan it is apparent that petitioner was not at all present nor there happens to be disclosure at the end of the prosecution that he slipped during course of raid. So more keeping of aforesaid motorcycle by the Chandra Madhav Singh @ Pappu in absence of petitioner will not drag him within the purview of Section 414 of the IPC. Furthermore, petitioner has got no criminal antecedent.
Patna High Court Cr.Misc. No.47879 of 2014 (2) dt.17-04-2015 That being so, petitioner Ashok Paswan is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Tisiauta P.S. Case No.51 of 2014 in the event of his arrest / surrender within four weeks in terms of condition so laid down under Section 438(2) Cr.P.C. (Aditya Kumar Trivedi, J.) PN/- U T