Devendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39261 of 2014 Arising Out of P.S. Case No. -61 Year- 2013 Thana -KANHAULI District- SITAMARHI ====================================================== Devendra Paswan, son of Sri Brahmdeo Paswan, R/o Village - Sahiyara, P.S. Sahiyara, District Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2015 Heard both sides.

The petitioner seeks regular bail in Kanhauli P.S. Case No. 61 of 2013 for the offence under Section 394 of the Indian Penal Code.

The petitioner is not named in the F.I.R. During the course of investigation, it appears that the looted motorcycle was recovered from the garden of Rup Narayan Panjiar and the same was released in favour of the informant. On the basis of the C.D.R., it transpired that the looted mobile was used in the SIM of Upendra Paswan, who happens to be the brother of the petitioner. It is submitted that the petitioner is a labourer. His brother purchased the mobile. The petitioner is in jail since 19.06.2014.

Considering the facts aforesaid and the nature of

Patna High Court Cr.Misc. No.39261 of 2014 (4) dt.30-01-2015 2/2 allegation made against the petitioner and the fact that the petitioner has remained in jail for more than seven months, the above named petitioner is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in Kanhauli P.S. Case No. 61 of 2013.

(Prabhat Kumar Jha, J) Dilip/- U T