Shiv Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51270 of 2021 Arising Out of PS. Case No.-765 Year-2020 Thana- SUPAUL District- Supaul ====================================================== SHIV KUMAR PASWAN S/o DOMI PASWAN R/o VILLAGEBARESHER, P.S-BIHARA, DISTRICT-SAHARSA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Suapul Police Station Case No. 765 of 2020, registered for the offences punishable under Sections 392/411 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the informant was accosted by three motorcycles borne criminals and they snatched away the motorcycle, cash, mobile phone of the informant.

Learned Counsel for the petitioner submits that the petitioner has been implicated in this case on the basis of the recovery of the looted motorcycle from the joint house of the petitioner in connection with Supaul Police Station Case No. 37

Patna High Court CR. MISC. No.51270 of 2021(3) dt.09-05-2022 2/3 of 20214. He further submits that no seizure list of the motorcycle has been prepared in the present case; rather, the same has been prepared at the time of recovery of the said motorcycle in Supaul Police Station Case No. 37 of 2021. He further submits that the petitioner is in custody since 18.06.2021 and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that the looted motorcycle has been recovered from the possession of the petitioner, I am inclined to grant regular bail to the petitioner, after framing of charge. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, after framing of charge, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Supaul Police Station Case No. 765 of 2020.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in

Patna High Court CR. MISC. No.51270 of 2021(3) dt.09-05-2022 3/3 the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √