Bikku Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46803 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -JADIA District- SUPAUL ======================================================

1. Bikku Paswan, Son of Late Kadam Lal Paswan, Resident of VillageKushmaul, P.S.- Bhargama, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2017 Heard the parties.

The petitioner seeks regular bail in Jadia P.S. Case No.42 of 2017 registered for the offence under Sections 461 and 379 of the I.P.C.

The petitioner is not named in the F.I.R. Later on, he has been named during course of investigation on the basis of confessional statement of one co-accused, namely, Om Prakash Yadav.

Submission of the learned counsel for the petitioner is that nothing has been recovered from his possession. He is in custody since 5.4.2017 though he is not named in the F.I.R. On the basis of C.D.R. a stolen mobile has been recovered from the possession of one co-accused.

Patna High Court Cr.Misc. No.46803 of 2017 (3) dt.07-11-2017 2/2 Heard learned A.P.P. also and stated On the basis of C.D.R. a stolen mobile has been recovered from the possession of one co-accused.

Having heard both sides and in view of the facts and circumstances, as stated above, and also nothing recovered from his possession, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M.-Vth, Supaul, in Jadia P.S. Case No.42 of 2017 subject to the conditions that (1) one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The petitioner will not induce any witness or tamper with the evidence. (3) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. (Vinod Kumar Sinha, J) AnilKrSinha/- U