Pawan Kumar @ Pawan Paik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28172 of 2018 Arising Out of PS. Case No.-861 Year-2017 Thana- FORBESGANJ District- Araria ====================================================== Pawan Kumar @ Pawan Paik, son of Dayanand @ Dayanand Paik, Resident of Village- Majhwa, Police Station- Forbesganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 Heard the learned counsel for the petitioner. The petitioner is apprehending his arrest in connection with Forbesganj P.S. Case No. 861 of 2017 registered for offences punishable under Section 414/34 of the Indian Penal Code.

Allegation against the petitioner as per the first information report is that the Officer-in-Charge had intercepted the motorcycle without number plate from which two bottles of liquor has been recovered and on confession of the person the name of the petitioner transpired and it is stated that the petitioner is indulged in committing theft of motorcycle. Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against the petitioner and the another co-accused, having similar allegation,

Patna High Court Cr.Misc. No.28172 of 2018(2) dt.16-05-2018 2/3 has been granted anticipatory bail vide order, dated 14.05.2018, passed in Cr. Misc. No. 29262 of 2018.

Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, named above, in the event of arrest or surrender before the Court below, within a period of six weeks from the date of order, 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 learned Shri S.K. Sharma, Judicial Magistrate, 1st Class, Araria, in connection with Forbesganj P.S. Case No. 861 of 2017 subject to the condition as laid down under Section 438(2) of the Criminal Procedure Code as well as with following conditions :

(I) One of the bailors of the petitioner shall be a local person, having sufficient immovable property within the jurisdiction of the concerned Court.

(II) The petitioner will not induce any witness or tamper with evidence.

(III) The petitioner shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free

Patna High Court Cr.Misc. No.28172 of 2018(2) dt.16-05-2018 3/3 to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) Shamshad/- U T