IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14595 of 2009 BUDHA PASWAN @ TAPESHWAR PASWAN Versus STATE OF BIHAR ----------- 3 27.07.2009 Heard both sides. The petitioner seeks bail in a case instituted under Sections 394 and 411 of Indian Penal Code. F.I.R. has been lodged against unknown with an allegation that when the informant was coming back to Patna on vehicle, one of the tyres punctured. While changing the same, few accused persons assembled there armed with pistol and relieved the occupants of the vehicle of all the belongings at gun point. It appears that in course of investigation, accused persons namely Mithilesh Paswan and Binay Paswan were arrested. Prior to that, one Dinesh @ Chotka was also arrested. It appears that certain looted articles were recovered from the possession of co-accuseds MIthilesh Pawan and Binay Paswan . They were put on T.I.P. and identified. Learned Sessions Judge has also recorded that they have criminal antecedents. So far the petitioner is concerned, it is submitted that there is only confessional statement made by some of the co- accuseds who were arrested in course of investigation. It is contended that initially his name figured as Budha Paswan, @ Tapeshwar Paswan, s/o- Barahat Paswan but subsequently the present name of the petitioner was added with correct parentage. 2 It is contended that he does not have any criminal antecedents. In the facts and circumstances of the case, let petitioner above named 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 Chief Judicial Magistrate Aurangabad in connection with Obera P.S. case no. 120 of 2008 subject to the following conditions: (i) One of the bailers will be own/close family member of the petitioner. (i) The petitioner shall appear in person before the Obera Police station once in a month preferably on Saturday/Sunday for a period of four months from his release. In case of default the officer-in-charge of the concerned police station shall promptly report the matter to the court in seisin of the matter who shall be at liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )