Dilip Paswan @ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30017 of 2020 Arising Out of PS. Case No.-54 Year-2020 Thana- BIHTA District- Patna ====================================================== Dilip Paswan @ Dilip Kumar Son of Shiv Kumar Paswan Resident of Village- Nagar, Bihta, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manendra Kumar Sinha For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

24-11-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Bihta P.S. Case No. 54 of 2020, registered for the offence punishable under Sections 413 & 414 of the Indian Penal Code.

As per prosecution case, the police received a secret information that a theft truck is being dismantled in the welding shop of petitioner and as such, he with other police personnel conducted raid there and arrested one Sunny Kumar (coaccused) on the spot, who disclosed that he worked in the welding shop of petitioner and petitioner used to receive theft truck and sell its parts after cutting the same. It is submitted on behalf of petitioner that save and except confessional statement of co-accused Sunny Kumar, there is no material against the petitioner. There is no evidence that any theft truck was recovered from the welding shop of the

Patna High Court CR. MISC. No.30017 of 2020(2) dt.24-11-2020 2/2 petitioner. Petitioner has got clean antecedent, as stated in paragraph - 3 of the petition. In this case, chargesheet has already been submitted and petitioner is in custody since 16-01-2020.

Considering the aforesaid facts & circumstances, the bail application of petitioner is allowed. Let the above-named petitioner 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 A.C.J.M.-I, Danapur, District - Patna in connection with Bihta P.S. Case No. 54 of 2020, on the following conditions:

"(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T