Amod Kumar Paswan @ Amod Kumar Singh @ Amod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51603 of 2016 Arising Out of PS.Case No. -374 Year- 2015 Thana -GORAUL District- VAISHALI(HAJIPUR) ======================================================

1. AMOD KUMAR PASWAN @ AMOD KUMAR SINGH @ AMOD PASWAN, S/o Ram Bilasj Paswan, resident of Village- Kaila Kala, P.O.- Salimpur Dumariya, P.S.- Goraul, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Sinha For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-12-0201 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner wants to renew his prayer for bail, which was earlier rejected vide order dated 20.04.2016 passed in Criminal Misc. No. 7104 of 2016, on the ground that the petitioner is suffering in custody since 28.12.2015, nothing has been recovered from possession of the petitioner, as per order of this court the trial has not been concluded and up till now only one prosecution witnesses has been examined and in near future the trial is not likely to be concluded.

The learned A.P.P. submits that one Hero Honda Splendor Plus motorcycle was recovered from the house of the

Patna High Court Cr.Misc. No.51603 of 2016 (2) dt.06-12-0201 2/2 petitioner and the petitioner was the active member of the gang. In the facts and circumstances stated above, considering the detention of the petitioner and further that the trial has not been concluded within the stipulated period and as such now the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned District and Sessions Judge, Vaishali, Hajipur in Session Trial No. 264 of 2016 in Goraul P.S. Case No. 374 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

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