Tarni Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8295 of 2024 Arising Out of PS. Case No.-81 Year-2023 Thana- BHADAUR District- Patna ====================================================== Tarni Paswan S/o Siyasharan Paswan, R/o Village- Benua Basar, P.SBhadaur, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar S.K., Advocate.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bhadaur P.S. Case No.81 of 2023 instituted under Sections 341, 323, 353, 385, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner demanded extortion money from the Head Master of Primary School, Benua Bazar, Bhadaur, Patna and for which he crossed the attendance of two Assistant Teachers with pen and thereafter tore the said attendance register.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner has raised the question of functioning of the school due to which there was

Patna High Court CR. MISC. No.8295 of 2024(2) dt.23-02-2024 2/3 altercation took place between the parties for which the petitioner has filed a case and to save himself the informant has also filed counter case. He also submits that petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate, 1st Class, Barh under Patna Judgeship in connection with Bhadaur P.S. Case No.81 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973, subject to the following conditions:- (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the investigation/ trial and shall be present whenever required during the

Patna High Court CR. MISC. No.8295 of 2024(2) dt.23-02-2024 3/3 investigation/trial.

(iii) The petitioner shall file an affidavit at the time of furnishing of bail bond that he will not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his bail bond. (Sunil Dutta Mishra, J) Ritik/- U T