Munna Paswan @ Rohit Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.32994 of 2018 (3) dt.04-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32994 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -AGIAUN BAZAR District- BHOJPUR ======================================================

1. Munna Paswan @ Rohit Paswan S/o Murari Ram @ Murari Paswan, R/o Vill.- Amehta, P.O.- Amehta, P.S.- Agion Bazar, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Singh, Adv. For the Opposite Party/s : Mr. Sri Shailendra Kumar -1, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is in custody since 16.01.2018 in connection with Agiaon Bazar P.S. Case No. 05 of 2018 registered for the offence under Sections 395 of the Indian Penal Code. Learned counsel for the petitioner submits that though the petitioner has not been named in the F.I.R., his name surfaced in this case on the basis of the confessional statement of the co-accused made before the police which has no evidentiary value and who has already been extended the privilege of anticipatory bail by the High Court.

In view of the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.32994 of 2018 (3) dt.04-07-2018 learned Additional Chief Judicial Magistrate, Bhojpur at Ara in connection with Agion Bazar P.S. Case No. 05 of 2018 subject to the following conditions;

(1) One of the bailors will be the close relative of the petitioner, preferably, father, mother, brother, sister and/or their wife.

(2) The petitioner shall not indulge themselves in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of their failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) brajesh/- U T