Ajay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11013 of 2020 Arising Out of PS. Case No.-470 Year-2018 Thana- RAJAON District- Banka ====================================================== AJAY PASWAN Son of Bisheshwar Paswan Resident of Village-Tetaria, Police Station-Sajour, District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Rajaon P.S. Case No. 470 of 2018, registered for the offence punishable under Sections 401, 414, 384, 212, 34 of the Indian Penal Code and Rule 4 /40 of the BMMC Rules, 1972.

The allegation is regarding the police having received information that a dreaded criminal, namely, Pappu Singh had taken shelter at a place whereafter the police party had constituted a raiding team in order to nab the said criminal Puppu Singh and while they were searching the suspicious places, the said Pappu Singh along with the petitioner and others had managed to escape. It is further alleged that some co-

Patna High Court CR. MISC. No.11013 of 2020(2) dt.06-03-2020 2/3 accused persons were arrested by the police and few mobiles and one motorcycle were recovered from them and they had revealed that they were engaged in the racket of illegal mining of sand and the petitioner is also one of their accomplice. The learned counsel for the petitioner has submitted that the petitioner is innocent, he is having a clean antecedent and he has been falsely implicated in the present case. It is further submitted that there is no allegation of any sort of illegal act having been committed by the petitioner herein, hence, the present case is a fit case for grant of anticipatory bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, as also taking into account the fact that no illegal act has been alleged to have been committed by the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.11013 of 2020(2) dt.06-03-2020 3/3 learned Chief Judicial Magistrate, Banka in connection with Rajaon P.S. Case No. 470 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T