Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52141 of 2016 Arising Out of PS.Case No. -206 Year- 2016 Thana -JAGDISHPUR District- BHAGALPUR ======================================================

1. Chandan Paswan Son of Saheb Paswan, Resident of Village- Tekni, Police Station- Rajoun, District- Banka .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Najmul Hodda, Adv. For the Opposite Party : Mr. Ahmad Ali, APP 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-12-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 379, 411 and 34 of the Indian Penal Code. Some unknown person committed theft of the mobile phone of the informant. On chase the petitioner was apprehended and three mobile phones were recovered from the possession of the petitioner.

Submission is that the recovered mobile phone was not of the informant.

However, the petitioner has no explanation for possession of those mobile phones, hence, adverse inference would be drawn that the mobile recovered from the possession of the petitioner, were stolen property. The petitioner is in custody since 17.08.2016.

Considering the aforesaid fact, after completion of six months in custody, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Jagdishpur P.S. Case No. 206 of 2016 to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, or successor Court.

(Birendra Kumar, J) SA/- U √ T √