Mahesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75145 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- SINGHIYA District- Samastipur ====================================================== Mahesh Paswan Son of Uma Shankar Paswan, resident of Village- Sirsiya, P.S.- Hathauri, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Sinha For the Opposite Party/s :
Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Singhia P.S. Case No. 24 of 2018 registered for the offence punishable under Sections 392 and 414 of the Indian Penal Code.
Informant has alleged that while he was going with his tempo along with five passengers and when he reached at a lonely place all of them over powered him on strength of knife and snatched Rs. 2,000/- from his pocket and fled away along with his tempo.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. FIR is against unknown. During investigation one co-accused Ram Anoop Yadav was arrested and on his confession the looted tempo was recovered from the house of Avin Kumar. Name of
Patna High Court Cr.Misc. No.75145 of 2018(2) dt.18-12-2018 2/2 petitioner has surfaced in this case on the basis of confessional statement of said co-accused Anuj Kumar Yadav and except said confession there is no incriminating material against petitioner. Petitioner has got no criminal antecedent and is in custody since 20.06.2018.
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/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Rosera District- Samastipur, in connection with Singhiya P.S. Case No. 24 of 2018, with following 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 the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence 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) ranjan/manojU T