Balwant Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15016 of 2020 Arising Out of PS. Case No.-1 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== Balwant Paswan Son of Hiralal Paswan Resident of Village - Khoksa Kalyan, Khoksa Buzurg, P.S.- Desri, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma Mr. Abhishek Kumar For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

03-07-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Jandaha P.S. Case No. 1 of 2019 registered for the offence under Section 394 of the Indian Penal Code and Section 27 of the Arms Act. In the F.I.R., the informant has alleged that on 01-01-2019 at about 6:00 PM while he was returning home after closing his jewellery shop on motorcycle, three miscreants on a motorcycle came and dashed to his motorcycle, due to which, he fell down. It is further alleged that miscreants thereafter snatched the bag from the informant containing jewellery and when he protested, one of the miscreant fired from his pistol upon him, as a result of which, he fell down in injured condition.

Patna High Court CR. MISC. No.15016 of 2020(2) dt.03-07-2020 2/2 It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence and he is not named in the F.I.R. It is further submitted that name of petitioner has come on the confessional statement of co-accused Pankaj Kumar, but up-till-now, no T.I. Parade has been done. No incriminating article has been recovered from possession of the petitioner and he has no criminal antecedent. Considering the aforesaid facts and circumstances, the anticipatory bail application is allowed.

In the event of arrest or surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 1 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T