Parmod Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.44477 of 2018 (2) dt.02-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44477 of 2018 Arising Out of PS.Case No. -50 Year- 2017 Thana -SHERGHATI District- GAYA ====================================================== Parmod Paswan, Son of Mosafir Paswan, Resident of Village- Dhandhwa, P.S. Bodh Gaya, Distt.- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 08.08.2017 in connection with Sherghati P.S. Case No. 50 of 2017 for the offence registered under Sections 392 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the petitioner is not named in the first information report, the name of the petitioner has transpired on the basis of the confessional statement made before the police by co-accused Kamlesh Manjhi @ Vikash Manjhi, which has no evidentiary value. Considering the aforesaid facts and circumstances of the case and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.44477 of 2018 (2) dt.02-08-2018 satisfaction of A.C.J.M., Sherghati, Gaya in connection with Sherghati P.S. Case No. 50 of 2017, subject to the following conditions :-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself 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 his failure on two consecutive dates without sufficient reasons his 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) Jagdish/- U T