Prakash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44486 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- CHANDAUTI District- Gaya ====================================================== Prakash Paswan, Son of Rajendra Paswan, Resident of Village- Durbey, Ram Nagar Colony, P.S.- Chandauti, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 04.05.2019 in connection with Chandauti P.S. Case No.113 of 2019 registered for the offence under Section 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that the alleged recovery of motorcycle was from one Umesh Yadav and the petitioner is said to have been found travelling with him and, therefore, the petitioner has been taken into custody. Learned counsel for the petitioner further submits that the aforementioned Umesh Yadav has since been extended the privilege of bail in Cr. Misc. No.44990 of 2019, vide order dated 13.09.2019. It is further submitted that though it has

Patna High Court CR. MISC. No.44486 of 2019(3) dt.24-09-2019 2/2 come on record at paragraph 3 that the petitioner has no criminal antecedent, yet inadvertently while referring to the antecedents of Umesh Yadav, the prayer for bail of the petitioner was rejected by the court below on the assumption that he is having criminal antecedents. Learned counsel thus submits that in view of such facts and circumstances, the petitioner may be extended the privilege of bail. Having considered the aforementioned facts and circumstances and that the petitioner has no criminal antecedents and that co-accused Umesh Yadav has already been extended the privilege of bail, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Chandauti P.S. Case No.113 of 2019.

(Anjana Mishra, J) PNM U T