Raj Kumar Paswan @ Raju And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.54376 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54376 of 2016 Arising Out of PS.Case No. -313 Year- 2016 Thana -BUXAR District- BUXAR ======================================================

1. Raj Kumar Paswan @ Raju son of Late Binod Paswan

2. Shailesh Kumar Son of Krishndeo Prasad Both are residents of Village - Naya Tola, Jurabganj, Police Station - Korha, District - Katihar.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners seek bail in connection with Buxar Town P.S. Case No. 313 of 2016 registered for the offences punishable under Sections 414/120B of the Indian Penal Code. Allegedly, the petitioners were apprehended and from there two motorcycles were recovered and further from possession of the petitioners some Ganja, mobile etc. were recovered. Submission is of false implication and that the petitioners do not claim those two motorcycles, the petitioners were standing there and they have been made victim of circumstances. The other articles are not stolen one rather they are of the petitioners, for recovery of Ganja separate case under N.D.P.S. Act has been registered wherein the petitioners have been granted bail by the

Patna High Court Cr.Misc. No.54376 of 2016 (2) dt.20-12-2016 learned court below itself and in this case the petitioners are suffering in custody since 29.07.2016 and as such they deserve sympathetic consideration.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioners above named shall be released after completion of six months custody from the date of remand on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No. 313 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T