Pradeep Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34581 of 2019 Arising Out of PS. Case No.-200 Year-2015 Thana- GURUA District- Gaya ====================================================== PRADEEP PASWAN Son of Kaila Paswan Resident of Village - Aura Sahdev Khap, P.S.- Magadh University, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Allegation as per F.I.R. is that three accused persons came and snatched the motorcycle, Rs. 1560/- and a mobile phone from the informant. Later on, one of the co-accused person was arrested and he disclosed the name of the petitioner. Learned counsel for the petitioner submits that except confessional statement there is nothing against the petitioner and he is in judicial custody since 03.09.2018. No T.I. Parade has been done so far. It is further submitted that similarly situated co-accused has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 46735 of 2018

Patna High Court CR. MISC. No.34581 of 2019(4) dt.30-08-2019 2/2 on 18.09.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Gurua Police Station Case No. 200 of 2015, subject to the conditions: (I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below. (III) 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. (Anjani Kumar Sharan, J) devendra/- U T