Rikki Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14272 of 2016 Arising Out of PS.Case No. -684 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Rikki Paswan Son of Mokhtar Paswan R/o village - Nagdah, Ward No. 10, P.S. Muffasil, ( O.P. Singhoul ), District - Begusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P representing the State.

The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 684 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code. The petitioner is not named in the first information report and during investigation, the name of the petitioner transpired in the confessional statement of the co-accused Niraj Kumar and further the motorcycle used in the crime was recovered from the house of the petitioner.

Submission is of false implication and that the petitioner is not owner of the said motorcycle, nothing has been recovered from the conscious possession of the petitioner and without any legal and tangible material, the petitioner is suffering

Patna High Court Cr.Misc. No.14272 of 2016 (3) dt.12-05-2016 2/2 in custody since 12.12.2015 whereas the co-accused Niraj Kuamr has already been allowed bail to which the learned APP does not dispute.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 684 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Mishra/- U T