Shyam Sundar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30509 of 2020 Arising Out of PS. Case No.-262 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== SHYAM SUNDAR PASWAN S/o Vilash Paswan R/o Village- Amni, P.S.- Manshi, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Adv.

Mr. Amar Kumar Singh, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 262 of 2020, G.R. No. 961 of 2020, registered under sections 380, 461 and 411 of the Indian Penal Code.

As per allegation in the FIR, the lock of the office of the informant was broken and two accused persons, namely, Aman Kumar and Ratan Kumar were caught in a suspicious situation. It is stated that the two accused persons who were caught took the name of the petitioner and one another. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.30509 of 2020(2) dt.19-01-2021 2/3 that the name of the petitioner has come in the confession of coaccused for oblique reasons as also because of pending dispute between them. No incriminating article has been recovered from the person or possession of the petitioner. Both the accused Aman Kumar and Ratan Kumar, who were caught near the place of occurrence, have been enlarged on bail by the learned Court below vide orders dated 16.6.2020 and 30.6.2020 which have been brought on record as annexures to the instant petition. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the two co-accused, who were caught near the place of occurrence and on whose statement made before the police, the name of the petitioner transpired, have already been enlarged on bail, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Khagaria (Chitragupta Nagar) P.S. Case no. 262 of 2020, G.R. No. 961 of 2020, 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

Patna High Court CR. MISC. No.30509 of 2020(2) dt.19-01-2021 3/3 learned Chief Judicial Magistrate, Khagaria subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T