Arjun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9544 of 2019 Arising Out of PS. Case No.-101 Year-2018 Thana- PHENHARA District- East Champaran ====================================================== Arjun Paswan (Male), Aged about 30 years, S/o Rajendra Paswan VillageBhatha, P.S.-Samour Bhatha, Dist.-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar For the Opposite Party/s :

Mr. Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2019 Heard learned Counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

The prosecution case is that on 09.11.2018 the Brass idols of Lord Ram-Sita and Laxman and Silver idol of Lord ShivParvati were stolen from the temple of the informant, leading to the registration of the FIR against unknown. During course of investigation, sister-in-law of the co-accused, Pramod Paswan was found using mobile phone of the priest of the said temple, leading to the arrest. Subsequently, co-accused Pramod Paswan

Patna High Court Cr.Misc. No.9544 of 2019(2) dt.18-02-2019 2/3 was also apprehended and in their confession, they disclosed the name of the petitioner for his involvement in the said occurrence.

It is submitted by learned counsel for the petitioner that there is no recovery from the conscious physical possession of the petitioner and simply since he is agnate of co-accused persons, he has also been roped in the present case. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that the name of the petitioner sprang up on the confession of co-accused persons.

Considering the fact that the impugned order does not suggest any direct material collected against the petitioner and name of the petitioner sprang up on the confession of coaccused persons, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJMXII, Motihari, East Champaran in connection with Fenhara P.S.

Patna High Court Cr.Misc. No.9544 of 2019(2) dt.18-02-2019 3/3 Case No.101 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T