Yadunandan Paswan @ Chhotelal Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.5735 of 2016 (2) dt.17-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5735 of 2016 Arising Out of PS.Case No. -162 Year- 2015 Thana -MARAUNA District- SUPAUL ====================================================== Yadunandan Paswan @ Chhotelal Paswan son of Late Ramlagan Paswan, resident of Village- Ratho, P.S. Marauna, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hriday Narayan Harshit For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Marouna P.S. Case No. 162 of 2015 registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code. Allegedly, the petitioner took drink with the informant in his shop and when the informant slept then the petitioner committed theft after making hole in the wall and took away cash of Rs. 70,000/-, ornaments, utensils and clothes. Submission is of false implication and that the informant has not seen the petitioner committing theft only on suspicion he has been made accused, only one khurpi has been recovered from the house of the petitioner which is a house hold

Patna High Court Cr.Misc. No.5735 of 2016 (2) dt.17-02-2016 article, no theft article has been recovered either from his house or from his conscious possession and, as such, the petitioner who is suffering in custody since 18.11.2015, deserves sympathetic consideration.

The learned A.P.P. submits that now lenient view may be taken.

In the facts and circumstances stated above, 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 Sri. Sukul Ram, Judicial Magistrate, 1st Class, Supaul, Distt. Supaul in connection with P.S. Case No. 162 of 2015 subject to the conditions that one of the bailors must be 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) sushma/- U T