Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41039 of 2018 Arising Out of PS. Case No.-124 Year-2018 Thana- WAJIRGANJ District- Gaya ====================================================== Manoj Paswan, Son of Late Nanku Paswan, Resident of Village- Bodhchak, P.S.- Wazirganj, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kr. Sinha, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Wazirganj P.S. Case No. 124 of 2018 registered for the offence punishable under Sections 341, 323, 379, 506 and 411/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while the petitioner was waiting near the petrol pump, the informant went to pick-up him, but the petitioner assaulted the informant and forcibly took the keys of the truck and fled away. Later on, with the help of the police, the informant went to the house of the petitioner and the truck was found standing in front of the house of the petitioner.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.41039 of 2018(2) dt.11-07-2018 2/3 petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that the truck was purchased by the petitioner from one Devendra Sharma and the informant was given driving permission and also some money by the petitioner. Since the informant did not return his money, petitioner had taken away the truck. Petitioner is languishing in judicial custody since 25.04.2018 and is ready to cooperate in the investigation. However, learned A.P.P. for the State opposes the prayer for bail stating therein that the petitioner has not produced any paper relating to purchase of the said truck.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Gaya in connection with Wazirganj P.S. Case No.

(1) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the

Patna High Court Cr.Misc. No.41039 of 2018(2) dt.11-07-2018 3/3 petitioner.

(2) The petitioner will coperate in the investigation and will appear before the police/ Court as and when required and failure to appear will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/Ragini U T