Ramu Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.49243 of 2018 (3) dt.27-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49243 of 2018 Arising Out of PS.Case No. -127 Year- 2018 Thana -DUMRAUN District- BUXAR ====================================================== Ramu Paswan S/o Sri Bhagwan Paswan, R/o Vill. + Post - Ammadarhi, P.S.- Simri, District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Dumraon P.S. Case No. 127/2018, registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegation against petitioner is recovery of looted mobile from his possession which was being used by him. It has been submitted that petitioner has falsely been implicated in this case. He is not named in the F.I.R. His name surfaced in the case on the basis of his confession before the police. He got the mobile from road.

Petitioner has no criminal antecedent. He is in custody since 20.05.2018.

Patna High Court Cr.Misc. No.49243 of 2018 (3) dt.27-09-2018 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 127/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T