Mantoo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1565 of 2019 Arising Out of PS. Case No.-110 Year-2018 Thana- BYPASS District- Patna ====================================================== Mantoo Paswan, S/o Rajo Paswan @ Rajesh Paswan, Village, Koklak Chakdiha (Nursarai), P.S. Nursarai, District, Nalanda ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan Sinha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bye-Pass P.S. Case No. 110/2018 registered for the offence punishable under Sections 379 of the Indian Penal Code.

Informant has stated in the F.I.R. which was instituted after three months of occurrence that while he was coming on Tempo, four persons seated there had pick-pocketed rupees one lakh from his pocket of pant, however, he did not institute any case and was looking for said tempo and persons seated there and subsequently, he came to know that a tempo along with four persons have been apprehended for pick-pocketing the passengers and, thereafter, he went there and recognized the accused.

It has been submitted on behalf of the petitioner that he

Patna High Court Cr.Misc. No.1565 of 2019(3) dt.31-01-2019 2/2 is innocent and has been falsely implicated in this case. Petitioner is in custody since 21.05.2018.

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 amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IV, Patna city, Patna in connection with Bye-Pass P.S. Case No. 110/2018, 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) Sanjay/- U T