Baldeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47234 of 2023 Arising Out of PS. Case No.-88 Year-2018 Thana- SULTANGANJ District- Bhagalpur ====================================================== Baldeo Paswan Son Of Masudan Paswan Resident Of Village - Kamerganj, P.S. - Sultanganj, Distt. - Bhagalpur.

... ... Petitioner/S

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Sultanganj P.S. Case No. 88 of 2018 registered for the offence under Section 379 of the Indian Penal Code.

4. The accused/petitioner is named in the F.I.R. and is in custody since 05.02.2023.

5. The allegation against the petitioner is to commit theft alongwith other co-accused persons and while committing so taken away Bolero vehicle belongs to informant.

6. Learned counsel appearing on behalf of the petitioner submitted that the petitioner was caretaker of said

Patna High Court CR. MISC. No.47234 of 2023(2) dt.07-08-2023 2/3 alleged Bolero vehicle, which is the subject of theft and his appointment as a caretaker was under the oral instructions of father-in-law of the informant with oral authorization to give said Bolero vehicle on hire basis as and when occasion arise. It is submitted that under said instructions the, petitioner provided alleged vehicle on hire basis to one Kanhaiya Kumar Mandal, who alleged to take away said Bolero vehicle and same appears clear from the narration of FIR itself. While concluding the argument, it is submitted that petitioner is a man of clean antecedent, and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP, opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above as petitioner was caretaker of informant, where vehicle before occurrence was given on hire to one Kanhaiya Kumar Mandal, coupled with the fact that chargesheet has already submitted, where petitioner is in custody since 05.02.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Sultanganj P.S. Case No. 88 of 2018 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.47234 of 2023(2) dt.07-08-2023 3/3 satisfaction of learned A.C.J.M. 1st, Bhagalpur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T