Patna High CourtCR. MISC./34194/2019bail granted

Gauri Paswan v. The State Of Bihar

2019-05-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34194 of 2019 Arising Out of PS. Case No.-197 Year-2018 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== GAURI PASWAN Son of Pyare Paswan Resident of Village-Shubhanipur, Ward no.2, P.S.-Vidyapti Nagar, District-Samastipur At present resident of village-Malkalipur, P.S.-Vidyapti Nagar, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 16.03.2019 in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

It is alleged that bag of the informant containing cash of Rs.1,800,/-, cloths, ATM card, PAN Card, Aadhar Card, Voter Identity Card and a mobile phone was stolen by unknown person while he was travelling in train, leading to registration of FIR against unknown. It is further alleged that during investigation, it was found that the petitioner was using his SIM card in the stolen mobile of the informant. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.34194 of 2019(2) dt.27-05-2019 2/2 that investigation has already been concluded. It is further submitted that neither any recovery has been made from the conscious physical possession of the petitioner nor the recoverd article has been put on Test Identification Parade. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the petitioner was found using the stolen mobile.

Considering the nature of accusation and the investigation already being concluded coupled with the fact that the petitioner is not having any criminal antecedent, 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 ACJM, Railway, Barauni at Begusarai in connection with Barauni Rail P.S. Case No. 197 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T