Patna High CourtCR. MISC./59882/2024bail granted

Nirmal Paswan v. The State Of Bihar

2024-08-31Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59882 of 2024 Arising Out of PS. Case No.-30 Year-2024 Thana- Champanagar District- Purnia ====================================================== Nirmal Paswan S/O Umesh Paswan R/O Village- Parashmani, P.S- Sarsi, Distt- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Champa Nagar P.S. Case No. 30 of 2024, instituted for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

3. The prosecution case, in short, is that, motorcycle of the informant was stolen from the market.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner is neither named in the FIR nor arrested on the spot. The petitioner was apprehended by the police during course of investigation on the basis of CCTV

Patna High Court CR. MISC. No.59882 of 2024(2) dt.31-08-2024 2/2 footage of garment shop. The stolen motorcycle has been recovered from the house of the petitioner. The petitioner is in custody since 11.05.2024 and has got four criminal antecedents.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Champa Nagar P.S. Case No. 30 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T