Sachidanand Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27008 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- TARARI District- Bhojpur ====================================================== 1.
Sachidanand Paswan SON OF Rajendra Paswan Resident of Village -Ramnagar P.S-. Tarari, District- Bhojpur 2.
MANTU KUMAR SON OF JOWALA SINGH Resident of Village -Ramnagar P.S-. Tarari, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh For the Opposite Party/s :
Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. Learned counsel for the petitioners, at the outset, seeks permission to withdraw the present anticipatory bail application with respect to petitioner no. 1, Sachidanand Paswan.
3. Permission is accorded.
4. Accordingly, the present anticipatory bail application is dismissed as withdrawn with respect to petitioner no. 1.
5. The petitioner no. 2 apprehends his arrest in a case registered for the offences punishable under Sections 341, 323,
Patna High Court CR. MISC. No.27008 of 2024(2) dt.17-05-2024 2/3 307, 384 and 34 of the Indian Penal Code.
6. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant who is a CSP operator of P.N.B. and alleges that the accused persons including the petitioner demanded extortion and when the same was objected, the petitioner along with other accused persons assaulted his brother, Gautam Kumar Singh and Akash causing injury on head and hand. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that though it is alleged that the petitioner along with other accused persons assaulted the brother of the informant causing injury but then there is no injury report on record nor the order impugned records that any one was injured in the occurrence.
7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that in the event if the anticipatory bail is granted to the petitioner, the petitioner may abscond, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will co-operate in the investigation.
8. Considering the submissions made by the learned
Patna High Court CR. MISC. No.27008 of 2024(2) dt.17-05-2024 3/3 counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Tarari P.S. Case No. 11 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
9. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to forthwith cancel the bail bonds of the petitioner after recording reasons.
10. Let a copy of this order be sent to the concerned P.S. through the learned Trial Court.
(Satyavrat Verma, J) Rishabh/- U T