Amit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42314 of 2022 Arising Out of PS. Case No.-236 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== AMIT PASWAN S/O SUBHASH PASWAN Resident of village- Bisunpur, P.S.- Lauriya, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Motihari Town P.S. Case No. 236 of 2022, registered for the offences punishable under Sections 379, 414/34 of the Indian Penal Code.

The petitioner along with co-accused Baleshwar Kumar was apprehended by the police, when they were standing with one motorcycle. They could not produce the papers in respect thereof.

The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent. He is under custody since 03.04.2022 and on similar footing, co-accused Baleshwar Kumar has been granted bail by this Court, vide Criminal Miscellaneous No. 38583 of 2022.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on

Patna High Court CR. MISC. No.42314 of 2022(2) dt.16-11-2022 2/2 bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 236 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T