Dhananjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61836 of 2018 Arising Out of PS. Case No.-180 Year-2018 Thana- RAJGIR District- Nalanda ====================================================== Dhananjay Paswan, Son of Shri Paswan, Resident of Village- Paswan Tola, Katrisarai, Police Station- Katrisarai in the district of Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-10-2018 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468, 471/120B of the Indian Penal Code.

The prosecution case got initiated on the basis of written report dated 05.07.2018 submitted by A.S.I. Kamaljeet to the Station House Officer, Rajgir Police Station is to the effect that on 05.07.2018, a secret information was received that near the Rajgir Kund two persons are trying to withdraw money illegally through the SBI ATM, whereupon, the informant along with other police personnel reached there and apprehended two persons, who disclosed their names as Vikash Paswan and Ajay Paswan. On search being made, mobile phones and SBI debit cards and a motorcycle was recovered from the apprehended

Patna High Court Cr.Misc. No.61836 of 2018(2) dt.06-10-2018 2/3 accused persons. The name of the petitioner sprang up as the apprehended disclosed that the petitioner who is uncle of Vikash Paswan used to cheat the people through the fraudulent scheme of recognizing the persons through the face.

It is submitted by learned counsel for the petitioner that nothing is recovered from the petitioner. The petitioner has been dragged in the present case on the basis of confessional statement of apprehended co-accused. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by Mr. J. N. Thakur learned APP for the State that the petitioner has been named by the apprehended accused.

Considering the fact that impugned order does not suggest any material has been collected during investigation against the petitioner, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent., let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court Cr.Misc. No.61836 of 2018(2) dt.06-10-2018 3/3 CJM, Nalanda at Biharsarif, in connection with Rajgir P. S. Case No.180 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T