Tuntun Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.40570 of 2017 (2) dt.25-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40570 of 2017 Arising Out of PS.Case No. -25 Year- 2016 Thana -KATIHAR GRP CASE District- KATIHAR ======================================================

1. Tuntun Paswan Son of Ram Sewak Paswan, Resident of VillageLakhanpur, P.S. Lakho, District-Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2017 The petitioner seeks regular bail in connection with Katihar Rail P.S. Case No. 25 of 2016, registered for offences punishable under Sections 380, 328, 307/34 of the Indian Penal Code.

Allegation against the petitioner is that he offered some intoxicated drink to the informant in the train and when the informant became unconscious, petitioner took away all his belongings.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and he was identified by the informant by showing his photograph in album and the said identification has no value. Further he has been in judicial custody for more than a year.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and period of custody,

Patna High Court Cr.Misc. No.40570 of 2017 (2) dt.25-08-2017 let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. -V, Katihar, in connection with Katihar Rail P.S. Case No. 25 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence and also appear before the police in the first week of each month till conclusion of the trial.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T