Rudal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40228 of 2021 Arising Out of PS. Case No.-430 Year-2019 Thana- BIKRAM District- Patna ====================================================== Rudal Paswan S/o Sri Paswan R/o village- Chaukipur, Pakrandha, P.S.- Rani Talab, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar For the Opposite Party/s :

Mr.J.N.Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

07-10-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Bikram P.S. Case No. 430 of 2019, registered for the offence under Section 379 of the Indian Penal Code.

As per the prosecution case, some unknown persons stolen the tractor of the informant.

Petitioner is not named in the FIR. Name of the petitioner has come during course of investigation in the confessional statement of co-accused Rohit Paswan. No incriminating article has been recovered from the possession of petitioner and till date, petitioner has not been put on T.I.P. Petitioner is in custody since 18.01.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.40228 of 2021(2) dt.07-10-2021 2/2 Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Danapur (Patna) in connection with Bikram P.S. Case No. 430 of 2019, 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 below and shall remain physically present, as directed by the court below, 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