Vijay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22028 of 2017 Arising Out of PS.Case No. -262 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vijay Paswan Son of Sri Ram Paswan, Resident of Village- Chamainiya, P.S. Shyampur Bhataha, District- Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 26.10.2016 in connection with Madhuban P.S. Case No. 262 of 2016 registered for the offence punishable under Sections 411, 413 and 414 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his motorcycle was stolen for which he had lodged Motihari Town P.S. Case No. 675 of 2016 and another accused in the aforesaid case, Sahnawaz brought the informant to the house of one Krishna Sah for purchase of

Patna High Court Cr.Misc. No.22028 of 2017 (4) dt.21-06-2017 2/3 another motorcycle, which was identified by the informant as his motorcycle stolen earlier. Petitioner is also alleged to have persuaded the informant to purchase the said stolen motorcycle.

It has been submitted by the learned counsel for the petitioner that motorcycle was seized from the house of co-accused Krishna Sah and the petitioner has falsely been implicated in the aforesaid case. It is further submitted that co-accused Krishna Sah from whose house the alleged motorcycle was recovered has since been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 10824 of 2017 on 06.03.2017.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Motihari, East Champaran connection with Madhuban P.S. Case No. 262 of 2016, subject to the condition that the petitioner will cooperate and

Patna High Court Cr.Misc. No.22028 of 2017 (4) dt.21-06-2017 3/3 appear during course of the trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J.) Arjun/- U T