Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31470 of 2021 Arising Out of PS. Case No.-496 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== SUNIL PASWAN Son of Akhilesh Paswan Resident of Village - Dihra, P.S.- Harnaut, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2022 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 Harnaut P.S. Case no. 496 of 2019 instituted for the offence under Sections 364/34 of the Indian Penal Code. As per allegation in the FIR, when the informant along with his brother was carrying bundle of paddy crops and reached near the Diyara, in the meantime several accused persons including the petitioner armed with pistol, kidnapped both the brothers and on gun point they got seated to both. On sensing about police, they fled away from the place of occurrence leaving behind both the brothers.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.31470 of 2021(3) dt.22-02-2022 2/2 has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Both parties are co-villagers. He has got no criminal antecedent. Both brothers have returned their home safely. No such occurrence as alleged has taken place.

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 Harnaut P.S. Case no. 496 of 2019, 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 Chief Judicial Magistrate, Nalanda at Biharsharif subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T