Dhirendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49237 of 2015 Arising Out of PS.Case No. -142 Year- 2014 Thana -SHERGHATI District- GAYA ======================================================

1. Dhirendra Paswan son of Deo Nandan Paswan, Resident of villageDeokali, P.S. Guraru, at District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 395 of the Indian Penal Code. As per the First Information Report some unknown miscreants stopped the truck, assaulted the driver and Khalashi and took away Rs Rs.8,000/- from the possession of the informant. The police has implicated the petitioner in the present case on suspicion.

Learned counsel for the petitioner submits that other persons were also implicated in this case and they have been enlarged on bail by this Court. The petitioner was never put on T.I.P. and there is no recovery from the possession of the

Patna High Court Cr.Misc. No.49237 of 2015 (2) dt.05-11-2015 petitioner. He is in jail since 3.3.2015.

Learned counsel for the State has pointed out that petitioner has past criminal antecedent.

Looking to the period of custody, let petitioner, Dhirendra Paswan, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sherghati at Gaya in connection with Sherghati (Dobhi) P.S. Case No.142 of 2014, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner. The petitioner will report to the nearest police station by 7th on each and every month and if he fails to do so his bail will be liable to be cancelled.

Vinay/- (Shivaji Pandey, J) U T