Kanhaiya Kumar Paswan @ Kanhaiya Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1369 of 2019 Arising Out of PS. Case No.-395 Year-2017 Thana- BARAUNI District- Begusarai ====================================================== Kanhaiya Kumar Paswan @ Kanhaiya Paswan, son of Late Paltan Paswan, resident of village Sabaura, Ward No.12, P.S. Barauni, District- Begusarai. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Barauni P.S. Case No. 395 of 2017 registered for the offence punishable under Sections 379/411 of the Indian Penal Code.
Allegation against the petitioner is of recovery of stolen mobile, Iron Blade, Cooper coil-8 piece, welding wire and cash of Rs. 3,50,000/- from his possession. It has been submitted on behalf of the petitioner that he is a poor labourer and has been falsely implicated in this case on suspicion. Petitioner has got no criminal antecedent and is in custody since 18.10.2017.
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/- with two sureties of the like
Patna High Court Cr.Misc. No.1369 of 2019(2) dt.22-01-2019 2/2 amount each to the satisfaction of learned Judicial Magistrate1st class, Begusarai, in connection with Barauni P.S. Case No. 395 of 2017, 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 absence on two consecutive dates without sufficient reason, his 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 be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U