Hira Lal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20389 of 2018 Arising Out of PS.Case No. -444 Year- 2016 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Hira Lal Paswan S/o late Satya Narayan Paswan, R/o Villaeg- Hasda Bangali Tola, P.S.- Sadar , District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Sadar P.S.Case No.444 of 2016 , registered for offences punishable under Sections 406, 420 and 379 of the Indian Penal Code.

Petitioner is the informant of the case and allegation is that one Truck loaded with articles dispatched from Purnea to Tinsukia is traceless and the petitioner is broker and later on the petitioner has been made accused in this case. Submission of the learned counsel for the petitioner is that a case was lodged by him gainst the Truck Driver and owner and later on he has been made accused and he has also returned the articles to the business man, which will appear from the statement made in para 8 of the petition.

Heard learned A.P.P. and the learned counsel for the

Patna High Court Cr.Misc. No.20389 of 2018 (3) dt.26-06-2018 2/2 informant.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the court below within a period of six weeks from the date of receipt of the order and on surrender he will be released 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 the learned C.J.M., Purnea in connection with Sadar P.S.Case no.444 of 2016, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. 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 investigation of the case and make himself available as and when required by the Police and he will also show his paper to the police, otherwise, the prosecution is free to move for cancellation of his bail bond.

(iv) It is also made clear that if any incriminating materials comes against the petitioner, the prosecution is at liberty to move for cancellation of his bail bond.

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