Chandan Paswan v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.11455 of 2017 (5) dt.22-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11455 of 2017 Arising Out of PS.Case No. -57 Year- 2016 Thana -KALYANPUR District- SAMASTIPUR ======================================================

1. Chandan Paswan son of Dahaur Paswan @ Dhaur Paswan Resident of Village - Musepur, Police Station - Kalyanpur, District Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sahdeo Paswan son of Late Jamuni Paswan Resident of Village - Musepur, Police Station - Kalyanpur, District Samastipur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar, Adv. For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kalyanpur Police Station Case No. 57 of 2016, disclosing offences under Sections 420, 406, 323 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. In fact, the petitioner happens to be President of the alleged Committee has himself filed a complaint petition No. 244 of 2015 against the informant and other member including one Mohan Paswan for

Patna High Court Cr.Misc. No.11455 of 2017 (5) dt.22-06-2017 the illegal withdrawal of Rs. 200,000/-. The petitioner, who is of clean antecedent, has not withdrawn any amount from the account of Committee and has falsely been implicated in this case. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Kalyanpur Police Station Case No. 57 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T