Lalan Paswan @ Lalan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63767 of 2018 Arising Out of PS. Case No.-8 Year-2018 Thana- ANDHRAMATH District- Madhubani ====================================================== Lalan Paswan @ Lalan Kumar Paswan, Son of Labhair Paswan @ Lajher Paswan, resident of Village Madhura Uttar, P.S- Phulkaha, District- Arariya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Andharamath P. S. Case No. 08 of 2018 instituted for the offence under Section(s) 414 of the Indian Penal Code.

Prayer for bail of the petitioner was earlier rejected by co-ordinate Bench of this Court by order dated 10.4.2018 passed in Cr. Misc. no. 21053 of 2018, granting liberty to the petitioner to renew prayer for bail after six months.

The report called from the Court below has been received and placed at Flag-'A', wherein it is mentioned that the case is still pending for appearance of the accused. The charge has not even been framed.

Learned counsel for the petitioner has submitted that another co accused with similar allegation has been granted bail

Patna High Court Cr.Misc. No.63767 of 2018(3) dt.04-12-2018 2/3 by co-ordinate Bench of this Court by order dated 11.4.2018 passed in Cr. Misc. no. 19575 of 2018.

In the written report, it is alleged that this petitioner along with two accused person were apprehended with stolen motorcycle. They could not produce valid paper on demand. Thereafter, police arrested the petitioner and other accused persons.

Learned counsel for the petitioner has submitted that no any case has been registered by anybody making complaint about the aforesaid stolen motorcycle.

The petitioner is in custody since 20.1.2018 having no criminal antecedent.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Jhanjharpur, Madhubani, in connection with Andharamath P. S. Case No. 08 of 2018 , G.R. No. 65 of 2018, subject to the following conditions:- (i) Both the bailers shall be the close relative of the petitioner.

(ii) The petitioner shall be present on each and every date fixed by the Court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of

Patna High Court Cr.Misc. No.63767 of 2018(3) dt.04-12-2018 3/3 the petitioner.

(iii) If petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) shyambihari/- U T