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Patna High CourtCR. MISC./2973/2017bail granted

Mukesh Paswan v. The State Of Bihar

2017-02-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2973 of 2017 Arising Out of PS.Case No. -454 Year- 2016 Thana -SAUR BAZAR (PATARGHAT O.P.) DistrictSAHARSA ====================================================== Mukesh Paswan, son of Chandeshwari Paswan, resident of village Bardaha, P.S. Ghailath, Distt. Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate. For the Opposite Party/s : Smt. Gulnar Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. It has been submitted on behalf of the petitioner that prior to this case, he has filed Saur Bazar P.S. Case No. 453 of 2016 on the same day alleging therein that A.T.M. card and cash etc. have been looted away by the miscreants in front of Jaimata Di Petrol Pump.

It is alleged in the instant case by the informant that while he was returning from the motorcycle after collecting money of the dues amount of the company, he received call of his Manager on his Mobile and when he slowed down the motorcycle, three miscreants snatched several articles from his possession as mentioned in the written report. It is further alleged

Patna High Court Cr.Misc. No.2973 of 2017 (2) dt.04-02-2017 2/2 that during course of snatching, few articles fell down at the place of occurrence including ATM Card of this petitioner which was handed over to the informant by the police. In the written report itself, it appears that the alleged articles have been handed over to the police by the informant. There is no specific overt act alleged against the petitioner in the written report. It is mentioned in paragraph-3 of the bail petition that the petitioner has clean antecedent.

Considering the aforesaid facts and circumstances of the case, 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 satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saur Bazar (Patarghat O.P.) P.S. Case No. 454 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T