Lauji Paswan @ Lavji Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1315 of 2022 Arising Out of PS. Case No.-270 Year-2019 Thana- OBRA District- Aurangabad ====================================================== LAUJI PASWAN @ LAVJI PASWAN S/o Kunwar Paswan Resident of Village-Bhalua, P.S.-Akorhigola, District-Rohtas. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr. Mithilesh Kumar Singh For the Opposite Party/s :

Ms. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Obra P.S. Case No. 270 of 2019 registered for offence punishable under section 379 of the Indian Penal Code. As per allegation, the motor cycle of the informant was stolen away from parking gate of his office. The learned counsel for the petitioner has submitted that the petitioner along with one co-accused Mandeep Kumar Yadav was arrested in another case, i.e. Akorhigola P.S. Case

Patna High Court CR. MISC. No.1315 of 2022(2) dt.02-06-2022 2/3 No. 229/2019, under the provisions of Bihar Prohibition and Excise Act and while preparing seizure list, the motor cycle belonging to the petitioner was shown to be of co-accused Mandeep Kumar Yadav and Mandeep Kumar Yadav's motor cycle was shown to be of the present petitioner. He has submitted further that the real fact is that the petitioner was travelling by his own motor cycle and in this respect, he has annexed the xerox copy of owner book. He has also submitted that the petitioner is under custody since 08.11.2021. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Daudnagar, District-Aurangabad in connection with Obra P.S. Case No. 270 of 2019, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for

Patna High Court CR. MISC. No.1315 of 2022(2) dt.02-06-2022 3/3 cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T