Sunny Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3937 of 2022 Arising Out of PS. Case No.-671 Year-2021 Thana- NAGAR District- Vaishali ====================================================== 1.

SUNNY PASWAN Son of Virchandra Paswan Resident of Village - Nunfar, P.S.- Town Hajipur, Distt.- Vaishali.

2.

Rahul Kumar Son of Doman Mahto Resident of Village - Rambhadra, P.S.- Town Hajipur, Distt.- Vaishali.

3.

Amod Kumar @ Amod Mahto Son of Raj Mahto Resident of Village - Rambhadra, P.S.- Town Hajipur, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivanand Singh, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioner no. 3 is a person with clean antecedent and petitioner no. 1 and 2 have antecedent of one case.

The informant alleges that a theft was committed in his house, on 30.08.2021, in the morning, at 02:00 a.m.,

Patna High Court CR. MISC. No.3937 of 2022(2) dt.16-08-2022 2/3 accordingly, the informant after coming to know went to Diyara for inquiry about the theft when it is alleged that one person was apprehended with Rs.700/- and pan card of the informant who disclosed his name as Ashok Kumar and further disclosed the name of the accused persons including the petitioner who had committed the theft.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that based on extra judicial confession, the name of the petitioner transpired in the present case. It is further submitted that confessional statement before the police has no evidentiary value whereas in the present case the petitioners came to be implicated based on confession made by Ashok Kumar in presence of the informant and others. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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.20,000/- (Rupees Twenty Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.3937 of 2022(2) dt.16-08-2022 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hajipur Town P.S. Case No. 671 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and further one of the bailors of the petitioner shall be their father. (Satyavrat Verma, J) Kundan/- U T