Sikandar Paswan @ Sikendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22087 of 2024 Arising Out of PS. Case No.-34 Year-2021 Thana- PAUTHU District- Aurangabad ====================================================== Sikandar Paswan @ Sikendra Paswan S/o Barat Paswan R/o Village - Kalyanpur, P.S. - Jamhore, Dist. - 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. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under sections 379 and 411/34 of the Indian Penal Code.
3. As per allegation in the FIR, it is a case of carrying sand by illegal mining.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that similarly situated co-accused has been granted anticipatory bail by this Court passed in Cr. Misc. No. 45891 of 2021 and petitioner has got clean antecedent.
5. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.22087 of 2024(2) dt.29-04-2024 2/2 anticipatory bail of the petitioner.
6. Under the above facts and circumstances of the case, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the court within a period of six 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 ACJM-II, Aurangabad in connection with Pauthu P.S. Case No. 34 of 2021/G.R. No. 852 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as well as subject to the following conditions:- (i) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (ii) Both the bailors shall be resident of territorial jurisdiction of the learned court below.
(iii) The petitioner shall not leave the country without permission of the learned trial Court.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T