Suraj Paswan @ Terenam v. The State Of Bihar

Patna High Court Cr.Misc. No.847 of 2016 (3) dt.09-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.847 of 2016 Arising Out of PS.Case No. -157 Year- 2015 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ======================================================

1. Suraj Paswan @ Terenam Son of Surendra Paswan Resident of VillageDipnagar Colony, P.s Industrial Area, District Vaishali..... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kazi Mohammadpur P.S. Case No. 157 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code. Allegedly, a Bolero vehicle bearing registration no. BR22P-1377 was stolen away. During investigation the petitioner and other two co-accused were apprehended with said Bolero and motorcycle.

Submission is of false implication and that the petitioner was sitting on motorcycle whereas two persons were sitting in the Bolero vehicle, the petitioner has got no concern with other two co-accused, the petitioner has been allowed bail in Lalganj P.S. Case No. 85 of 2015 and in this case the petitioner is in custody

Patna High Court Cr.Misc. No.847 of 2016 (3) dt.09-03-2016 since 01.09.2015, nothing has been recovered from possession of the petitioner.

Learned APP submits that the petitioner was talking with other two co-accused for selling the said vehicle. In the facts and circumstances stated above, considering that the petitioner was not in the Bolero vehicle rather on the motorcycle, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 157 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T