Sadan Paswan @ Yodha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16422 of 2022 Arising Out of PS. Case No.-34 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== SADAN PASWAN @ YODHA Son of Suresh Paswan Resident of Village - Chanhat, P.S. - Haspura, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Daudnagar P.S. Case no. 34 of 2020 instituted for the offence under Section 395 of the Indian Penal Code. As per allegation in the FIR, On the pistol point several accused persons including the petitioner have looted Rs. 1500/-, some checkbook and mobile phone. Co-accused Mukesh Kumar was arrested on spot and one loaded pistol and a cartridge were recovered from his possession. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.16422 of 2022(2) dt.12-09-2022 2/2 conscious possession of the petitioner. The name of the petitioner has been disclosed in this case by the apprehended coaccused Mukesh Kumar before the police, which has no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Daudnagar P.S. Case no. 34 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Daudnagar, Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U