Dinesh Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.64726 of 2018 (2) dt.26-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64726 of 2018 Arising Out of PS.Case No. -281 Year- 2018 Thana -GARDANIBAG District- PATNA ======================================================

1. Dinesh Paswan, aged about 35 Years, S/o Late Prasad Paswan, resident of Baliawan, P.S.- Naubatpur, District- Patna presently residing at C/oRenter in the house of Murari Yadav, Ghirachak, P.S.- Gardanibagh, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pratyush Kumar, Adv. For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-10-2018 The petitioner seeks regular bail in connection with Gardanibagh P.S. Case No. 281 of 2018, Special Case No. 6468/2018, registered for offences punishable under Sections 394/411 of the Indian Penal Code and under Section 37(a)(b) of the Bihar Prohibition of Excise Act, 2016.

Allegation as per F.I.R. that petitioner and one coaccused came in drunken condition and snatched Rs. 1700 and a mobile from the informant.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has no criminal antecedent and has been in judicial custody since 16.07.2018 having no criminal antecedent. Further submission is that no recovery has been made from the possession of the petitioner.

Patna High Court Cr.Misc. No.64726 of 2018 (2) dt.26-10-2018 Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thusand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna in connection with Gardanibagh P.S. Case No. 281 of 2018, Special Case No. 6468/2018, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T