Loha Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18947 of 2017 Arising Out of PS.Case No. -167 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Loha Paswan, Son of Late Sukeshwar Paswan, resident of Village Pipra, P.S. Barun, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with 167 of 2016 registered for offences punishable under Section 392 of the Indian Penal Code and Section 411 and 395 IPC was added later on.

Petitioner is not named in the F.I.R. and later on during the course of investigation, his name has transpired in this case. It is submitted on behalf of the petitioner that except suspicion, due to the fact that he was seen loitering around the place of occurrence, there is nothing against him. He is in custody for about seven months, though the petitioner is accused in three other cases also but in all those cases, he is on bail. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.18947 of 2017 (2) dt.02-05-2017 2/2 Having heard both sides and in view of the facts that except suspicion, there is nothing against the petitioner and he is in custody for about seven months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Rohtas at Sasaram in connection with Sasaram (Town) P.S.Case No.167 of 2016 dated 06.02.2016. With 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 co-operate 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.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T