Pankaj Paswan @ Abhijeet Paswan @ Abhijeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20786 of 2020 Arising Out of PS. Case No.-44 Year-2014 Thana- BARIYARPUR District- Munger ====================================================== Pankaj Paswan @ Abhijeet Paswan @ Abhijeet Kumar, Son of Sri Sahdeo Paswan Resident of Village - Ghorghat, P.s.- Bariyarpur, Dist.- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash- Advocate For the Opposite Party/s :

Mr. Atul Chandra- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-11-2020 The office has pointed out that the signature of petitioner does not tally with his name as mentioned in the impugned order and F.I.R. However, learned counsel for the petitioner submits that the alias name of petitioner is Abhijeet Kumar @ Abhijeet Paswan @ Pankaj Paswan and he has signed the power mentioned in the alias name.

In view of the aforesaid submission, the defects, as pointed out by the office, be ignored.

Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner apprehends his arrest in connection with Bariarpur P. S. Case No.44 of 2014 registered for the offences

Patna High Court CR. MISC. No.20786 of 2020(2) dt.06-11-2020 2/3 punishable under Sections 323, 341, 354, 379, 504, 34 of the I.P.C.

Except Sections 379 and 354 of the I.P.C., all the sections appear to be bailable and so far as Section 354 of the I.P.C. is concerned, the same is against co-accused. The offence of Section 379 of the I.P.C. is not specifically made against the petitioner.

On the other hand, learned Additional Public Prosecutor submits that the case was instituted in the Year 2014 and petitioner approached the Court in the Year 2020 and no explanation of the aforesaid delay has been given by the petitioner.

However, learned counsel for the petitioner submits that petitioner is student and he was not aware of the institution of the present case and, moreover, petitioner does not have any criminal antecedent.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.20786 of 2020(2) dt.06-11-2020 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Munger in connection with Bariyarpur P. S. Case No.44 of 2014, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) vikash/- U T