Kalu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22228 of 2020 Arising Out of PS. Case No.-134 Year-2020 Thana- KATIHAR District- Katihar ====================================================== KALU PASWAN S/o- Jageshwar Paswan R/o- Shitla Asthan, Mirchaibari, P.S.- Katihar Sahayak, District- Katihar.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-09-2020 Heard learned counsel for the parties.
This application for regular bail arises out of Katihar Nagar (Sahayak) P.S. Case No. 134 of 2020, disclosing offence punishable under Sections 380, 454 of the Indian Penal Code. It is alleged in the FIR that in absence of the informant unknown miscreants burgled his house and took away cash, ornaments and other papers. The FIR was registered against unknown.
Learned counsel appearing on behalf of the petitioner has submitted that the petitioner has been apprehended only on the basis of suspicion. Recovery of cash of Rs. 2,000/- from the petitioner's possession cannot be the basis for his implication as he was in possession of the said amount in normal course, which
Patna High Court CR. MISC. No.22228 of 2020(2) dt.03-09-2020 2/3 was his own earned money.
Considering the nature of allegation and the material on the basis of which the petitioner has been implicated, this application is allowed. Let the petitioner, above-named, 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 C.J.M., Katihar, in Katihar Nagar (Sahayak) P.S. Case No. 134 of 2020.
It is directed that defects in the application pointed out by the Registry must be removed within two months from today. Since there is a lockdown, the Court has considered it appropriate to adopt following procedure for communication of the present order:- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential office for documentation and
Patna High Court CR. MISC. No.22228 of 2020(2) dt.03-09-2020 3/3 future use, if any.
(iv) Let a copy of the order be communicated to the learned court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social-distancing.
(Chakradhari Sharan Singh, J) Rajesh/- U T