Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19064 of 2023 Arising Out of PS. Case No.-792 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SANJAY PASWAN son of Late Chandradeo Paswan Village- Ward no-8, Dighi Kala Purvi Ps- Hajipur Sadar Dist- Vaishali ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Rina Sinha For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Hajipur Sadar P.S. Case No. 792 of 2022 registered for the offences punishable under Section 413/414 of the Indian Penal Code pending in the Court of learned C.J.M., Vaishali.

Allegation against the petitioner is that he used to sell the motorcycle stolen by his son.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. Nothing has been recovered from his possession or from his house. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that on suspicion, Karan

Patna High Court CR. MISC. No.19064 of 2023(3) dt.23-06-2023 2/2 Kumar was arrested by the police and was taken to police station where police took many signature on blank papers which is being used against him and his father. Petitioner have four criminal antecedents and out of four two are for similar nature of the offence.

Learned APP for the State vehemently opposing the bail petition submitted that petitioner has four criminal antecedent and out of four two are for similar nature of the offence. It seems that petitioner is a habitual offender, hence he does not deserve anticipatory bail.

Considering the facts and circumstances of case and the criminal antecedents of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T