Gangedhar Paswan @ Gangadhar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5097 of 2024 Arising Out of PS. Case No.-359 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== 1.

Gangedhar Paswan @ Gangadhar Paswan Son of Raj Kumar Paswan R/o vill - Benipur, P.S. - Bahera, Distt - Darbhanga 2.

Ram Babu Paswan Son of Gangadhar Paswan R/o vill - Benipur, P.S. - Bahera, Distt - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha For the Opposite Party/s :

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State along with the learned counsel for the informant.

2. The petitioners apprehend their arrest in connection with Bahera P.S. Case No.359/2023, registered for the offence punishable under Sections 143, 448, 323, 379, 384, 386, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that the informant and petitioners are related. It is next submitted that on account of dispute relating to property, the present false case came to be instituted. It is also submitted that the petitioners will not abscond rather will co-operate in the investigation.

4. Learned counsel for the O.P No.2 submits that the petitioners have not approached this court with clean hands. It is also

Patna High Court CR. MISC. No.5097 of 2024(2) dt.23-02-2024 2/2 submitted that the petitioners have antecedents of three cases but then at para-3 of the anticipatory bail application, it has been specifically pleaded that the petitioners are persons with clean antecedents.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Benipur, Darbhanga in connection with Bahera P.S. Case No.359/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, it is made clear that before accepting the bail bonds of the petitioners, the learned trial court shall verify the criminal antecedents of the petitioners and in the event if it is found that the petitioners have criminal antecedents, in that event the present order shall not be given effect to.

(Satyavrat Verma, J) amit/- U T