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Patna High CourtCR. MISC./40561/2015disposed

Suresh Paswan v. State Of Bihar And ANR

2015-10-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40561 of 2015 Arising Out of PS.Case No. -2887 Year- 2013 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Suresh Paswan Son of Late Bishundeo Paswan, Resident of Village - Murtuzapur, P.S. - Jandaha, District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ranjeet Das, Son of Sri Bigan Das, Resident of Village - Mahipura, P.S. - Jandaha, District - Vaishali.

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Indra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-10-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 392 of the Indian Penal Code.

The prosecution case is that complainant and his brother were coming home after withdrawing Rs. 40,000/- from the ATM of State Bank of India when they were assaulted by the miscreants and this petitioner snatched Rs. 40,000/-. It is submitted by learned counsel for the petitioner that malicious case has been lodged when no recovery was made from the petitioner.

A statement has been made in para 3 of the

Patna High Court Cr.Misc. No.40561 of 2015 (2) dt.01-10-2015 2/2 petition that petitioner has no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No. C1-2887 of 2013, pending in the Court of learned Chief Judicial Magistrate, Hajipur.

With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T