Seth Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.54395 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54395 of 2016 Arising Out of PS.Case No. -135 Year- 2016 Thana -PARSABAZAR District- PATNA ====================================================== Seth Paswan, aged about 26 years, S/o Baleshwar Paswan, Resident of Village- Moriyawan, P.S.- Vikram, Distt- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Upendra Mishra For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Parsa Bazar P.S. Case No. 135 of 2016 registered for the offence punishable under Section 414 of the Indian Penal Code.

During patrolling the petitioner was apprehended with motorcycle and in a bag some incriminating article such as LCD TV, Induction Stove, Remote, Hexa Blade, Dab and Sabal were recovered and the petitioner did not produce any paper regarding recovered motorcycle and articles.

Submission is of false implication and that the petitioner is suffering in custody since 29.07.2016, there is no report regarding theft of those articles and as such the petitioner deserves sympathetic consideration to which the learned APP opposes. In the facts and circumstances stated above, the petitioner

Patna High Court Cr.Misc. No.54395 of 2016 (2) dt.20-12-2016 above named shall be released on bail after completion of six months in custody from the date of his remand on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Gayatri Kumari, J. M. Ist Class, Patna in connection with Parsa Bazar P.S. Case No. 135 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T