Amrendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1334 of 2019 Arising Out of PS. Case No.-41 Year-2018 Thana- ANDHRATHARHI District- Madhubani ====================================================== Amrendra Paswan, son of Late Bhikhari Paswan, resident of villageBelmohan, P.S. Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Adv.

For the Opposite Party/s :

Mr.Sri Anand Mohan Prasad Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Andharatharhi P.S. Case No. 41 of 2018 registered for the offences punishable under Sections 457, 380 of the Indian Penal Code.

Informant has alleged in his written complaint that in the night of 12-13.04.2018 some unknown thieves entered the house of his brother by breaking open the door (grill) and took away household articles as well as LED T.V. from his house.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court Cr.Misc. No.1334 of 2019(3) dt.20-02-2019 2/3 falsely implicated in this case. No stolen article has been recovered from his possession. Petitioner has been implicated in this case on the basis of his self-confession and has been remanded in this case from Rudrapur P.S. Case No. 18 of 2018 and is in custody since 26.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Jhanjharpur, in connection with Andharatharhi P.S. Case No. 41 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence

Patna High Court Cr.Misc. No.1334 of 2019(3) dt.20-02-2019 3/3 or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T