Dilip Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32697 of 2020 Arising Out of PS. Case No.-1122 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

DILIP PASWAN, Son of Sakhichandra Paswan Resident of Village - Patayasa, P.s.- Ahiyapur, Distt.- Muzaffarpur. 2.

SAKHI CHANDRA PASWAN, Son of Late Nathuni Paswan Resident of Village - Patayasa, P.s.- Ahiyapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-02-2021 Heard Mr. Pradhan Murli Manohar Prasad, learned counsel for the petitioners and Mr. Bal Mukund Prasad Sinha, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Ahiyapur P. S. Case No. 1122 of 2019 (Trial No. 2959 of 2019), instituted for the offences under Sections 461, 379 and 411 of the Indian Penal Code.

A theft is said to have been committed in the shop of the informant and articles worth 20,000/- was stolen. Sometimes prior to the occurrence, one Md.

Patna High Court CR. MISC. No.32697 of 2020(2) dt.20-02-2021 2/3 Nirale had threatened the informant of dire consequences, in case protection money was not paid to him.

Later, some of the articles said to have been stolen from the shop of the informant was recovered from the houses of the petitioners.

Hence, the prosecution of the petitioners in the present case.

The learned counsel for the petitioners has submitted that Md. Nirale had kept certain articles in the house of the petitioners with their permission under good faith. They did not have any idea that those articles were the stolen property of the informant.

Apart from this, it has been submitted that a compromise has been effected in this case.

The petitioners have no criminal antecedents. Considering the afore-stated facts, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the

Patna High Court CR. MISC. No.32697 of 2020(2) dt.20-02-2021 3/3 court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, VIII, Muzaffarpur, in connection with Ahiyapur P. S. Case No. 1122 of 2019 (Trial No. 2959 of 2019), subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T