Patna High CourtCR. MISC./3176/2018bail granted

Sunni Paswan @ Chhotaka Sunni v. The State Of Bihar

2018-01-18Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3176 of 2018 Arising Out of PS.Case No. -125 Year- 2017 Thana -BEUR District- PATNA ====================================================== Sunni Paswan @ Chhotaka Sunni S/o Sri Vidhya Paswan @ Vidya Sagar, R/o Mohalla- Banke Babu Gali Gabhtal, P.S.- Danapur, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party : Mrs Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2018 Heard counsel for the petitioner and APP for the State. Petitioner is an accused in a case registered for offence under sections 188 and 414 of the IPC and under section 52 of the Under Trial Prisoners Act.

FIR alleges that when the petitioner was returning after production from Danapur Police Station case no. 121 of 2011, the jail authorities recovered a mobile phone, battery with SIM card kept in tiffin at the jail gate.

Counsel for the petitioner submits that it was the sister of the petitioner who had kept the mobile set in the tiffin to facilitate contact with him and other family members and that the petitioner had no knowledge of the same. Prior to the lodging of the instant case, the petitioner is accused in other case as has been detailed in paragraph 3 of the bail application, in which he is already on bail. Petitioner is in custody since

Patna High Court Cr.Misc. No.3176 of 2018 (2) dt.18-01-2018 2/2 6.6.2017.

Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(b) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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