Niti Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34910 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -KAKO District- JEHANABAD ====================================================== Niti Paswan Son of Late Jagdev Paswan R/o Village- Barki Bena , P.S.- Masaurhi, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar, Advocate For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 The petitioner seeks bail in connection with Kako P.S. Case No. 101 of 2017 registered for offences punishable under sections 399, 402, 353 of the Indian Penal Code and Section 25 (1-b) A, 26, 35 of Arms Act and Section 30(A) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner as per FIR is that police on information raided the place where appellant and other co-accused were planning to commit bank dacoity, thereafter three accused persons were apprehended and four accused persons managed to flee away and apprehended persons disclosed their names including petitioner also. Further allegation is that one single barrel gun loaded with 12 bore live cartridge and one bore live cartridge was recovered from the possession of one of the co-

accused and from the other co-accused two live cartridges of 12 bore and 48 bottles of 375 ML of Royal Stag was recovered. Learned counsel for the petitioner submitted that nothing has been recovered from his possession and he has clean antecedent. The petitioner has been in custody for about three months.

Heard learned A.P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, let petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Jehanabad, in connection with Kako P.S. Case No. 101 of 2017, 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 adduce 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) veena/- U T