Patna High CourtCR. MISC./58643/2018bail granted

Wakil Paswan v. The State Of Bihar

2018-09-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58643 of 2018 Arising Out of PS.Case No. -127 Year- 2012 Thana -MAGADH UNIVERSITY District- GAYA ======================================================

1. Wakil Paswan S/o Late Rambriksh Paswan, R/o Mohalla- Dhaniya Bagicha, P.S.- Delha, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Adv For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

The FIR of the occurrence of dacoity is against unknown. A mobile phone was recovered from the place of occurrence which was of one Rekha Devi. Rekha Devi disclosed that she had given that mobile for use to the petitioner. In the circumstances, the petitioner was arrayed in this case. Petitioner is in custody since 25.07.2017. By Annexure-1, prayer for bail to the petitioner was refused earlier with liberty to renew prayer after six months, if the trial is not concluded within the

Patna High Court Cr.Misc. No.58643 of 2018 (2) dt.26-09-2018 2/2 aforesaid period.

The impugned order reveals that charges were framed in the case on 20.02.2018. However, no prosecution witness has turned up up-till-now. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No.03 of 2018 arising out of Magadh University Police Station Case No.127 of 2012, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T