Mohan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31679 of 2020 Arising Out of PS. Case No.-140 Year-2020 Thana- TRIVENIGANJ District- Supaul ====================================================== MOHAN KUMAR PASWAN Son of Umesh Paswan Resident of Ward No. 06, Karminia, Thalha, Garhjya, Baljora, P.S.- Triveniganj, District - Supaul. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Ms. Patla Kumari, Advocate.

For the State :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-12-2020 In view of the submission and undertaking of the learned counsel for the petitioner, at the time of hearing of this application, through Video Conferencing, that he would remove the defect(s), as pointed out by the office vide its notes dated 24.11.2020, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.

Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner seeks bail in connection with Triveniganj P.S. Case No.140 of 2020 registered under Sections 413, 414 and 420/34 of the Indian Penal Code.

The accusation is that on receiving the secret information about keeping the theft motorcycle by Mohan Kumar Paswan (petitioner) of village-Karminia, the informant along with other

Patna High Court CR. MISC. No.31679 of 2020(2) dt.03-12-2020 2/2 police personnel reached at village-Karminia and in presence of the two witnesses, the house of the petitioner was searched from where a white colour Hero Honda Splendar Plus Motorcycle bearing Registration No.BR-50E-2282 was recovered. The paper regarding the said motorcycle was demanded by the informant from the petitioner but the petitioner could not show the paper of the same, which clearly indicates that the said motorcycle was a theft material. Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner had purchased the seized motorcycle from Shankar Kumar and Arjun Kumar Yadav on 11.06.2020 but, at that time, he could not examine the paper of the seized motorcycle because of his illiteracy.

The petitioner has no criminal antecedent and is in custody since 13.06.2020. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to 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 Additional Chief Judicial Magistrate-I, Supaul, in connection with Triveniganj P.S. Case No.140 of 2020. Out of the two sureties, one must be either parents or the close relative of the petitioner. (Rajendra Kumar Mishra, J) P.S.