Sunil Paswan @ Sunil Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88596 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Sunil Paswan @ Sunil Kumar Paswan, S/O Prabhu Paswan, Resident of Village - Basantpur, P.S- Sathi, Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aniket Singh, Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Sugauli P.S. Case No. 85 of 2024, registered for the alleged offence under Section 379 of the Indian Penal Code.
3. As per prosecution case, the motorcycle of the informant was stolen and the name of the petitioner transpired as the person from whom recovery of motorcycle was made.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The learned counsel further submits that the petitioner purchased the motorcycle from one Nand Kishore Prasad for
Patna High Court CR. MISC. No.88596 of 2024(2) dt.08-01-2025 2/3 consideration amount of Rs. 12,000/- and the petitioner has no knowledge that the motorcycle was stolen. The petitioner is having antecedent of one case. The petitioner is in custody since 19.06.2024 and the charge sheet has been submitted.
5. The learned A.P.P. opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made hereinabove and considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, East Champaran, Motihari/court concerned, in connection with Sugauli P.S. Case No. 85 of 2024, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail,
Patna High Court CR. MISC. No.88596 of 2024(2) dt.08-01-2025 3/3 the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T