Shree Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4586 of 2020 Arising Out of PS. Case No.-211 Year-2019 Thana- MOKAMAH District- Patna ====================================================== SHREE PASWAN Son of Late Jhingan Paswan Resident of Mainak Tola, Ward No.9, P.S.-Mokama, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Kumar, Adv.

Mr.Rajiv Ranjan Singh, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Mokama P.S. Case No.211 of 2019 registered for the offence punishable under Section 414 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that the name of the petitioner has transpired in the confessional statement of the co-accused. Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that on the basis of the confessional statement of his son recovery was made from the house and the motorcycle in question is a stolen

Patna High Court CR. MISC. No.4586 of 2020(2) dt.23-01-2020 2/2 motorcycle was not in the knowledge of this petitioner who is 67 years old man and further submission that the son who had confessed guilt is already in custody and the petitioner has no criminal antecedent of similar nature and is in custody since 10.09.2019, investigation being complete, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Barh in connection with Mokama P.S. Case No.211 of 2019 (G.R.No.1347/2019), subject to the condition as laid down under Section 437 (3) Cr.P.C.

as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.