Patna High CourtCR. MISC./41815/2018bail granted

Nanki Paswan @ Nanki Kumar v. The State Of Bihar

2018-07-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41815 of 2018 Arising Out of PS.Case No. -344 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Nanki Paswan @ Nanki Kumar, Son of Tuntun Pawan, resident of VillageSewarahan, P.S. Harsidhi, District- East Champaran. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Harsidhi P.S.Case No. 344 of 2017 registered for the offences punishable under Sections 341, 342, 354B, 323 and 379/34 of the Indian Penal Code.

Allegation as per FIR is that when informant along with his wife had gone to his native village by motorcycle, six accused persons came and started assaulting them and snatched gold chain and it is also alleged that cousin brother of informant was called and he reached there and identified the accused persons, including the petitioner.

Submission of learned counsel for the petitioner is that the whole prosecution case is false and concocted and whole case

Patna High Court Cr.Misc. No.41815 of 2018 (2) dt.19-07-2018 2/2 is not believable as the accused person is not expected to wait till the arrival of cousin brother to get him identified and petitioner has no criminal antecedent.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioner, named above, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Harsidhi P.S.Case No. 344 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) spal/- U