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Patna High CourtCR. MISC./34127/2024allowed

Dinesh Paswan @ Dinesh Kumar v. The State Of Bihar

2024-05-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34127 of 2024 Arising Out of PS. Case No.-50 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== Dinesh Paswan @ Dinesh Kumar SON OF RAM ISHWAR PASWAN @ RAMESHWAR PASWAN VILLAGE- Kranti Chowk, Hajipur, PS -Hajipur Town, District -Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest instituted for the offence under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, informant is operating a C.S.P. center of Fino Bank and on 6.2.2023, three miscreants entered into his office and on pistol point looted away cash amount of 67,0000/- from cash counter alongwith Aadhar Card, Driving License and a purse containing Rs. 12,000/- and thereafter fled away.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.34127 of 2024(2) dt.16-05-2024 2/2 that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR nor put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. 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 Rajapakar P.S. Case no. 50 of 2023, 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 CJM, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U