Banti Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.19267 of 2017 (2) dt.17-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19267 of 2017 Arising Out of PS.Case No. -647 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Banti Paswan Son of Mahendra Paswan resident of mohalla - Rikabganj, P.S. - Tatarpur, District - Bhagalpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Kotwali/Adampur P.S. Case No. 647 of 2016 registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code.

Allegedly, the petitioner and other co-accused were apprehended when they have assembled to commit loot. Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner, he has been made victim of circumstances, without any fault the petitioner is in custody since 24.11.2016. Only mobile and cash have been recovered from possession of the petitioner which are not related to any crime and as such the petitioner deserves

Patna High Court Cr.Misc. No.19267 of 2017 (2) dt.17-05-2017 sympathetic consideration.

Learned APP submits that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali/Adampur P.S. Case No. 647 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T