Marai Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31328 of 2020 Arising Out of PS. Case No.-354 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== MARAI PASWAN S/o Gaya Paswan Resident of Village- Saraiya, P.S.- Krishnagarh, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-01-2021 . Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner apprehends arrest in Barhra (Krishnagarh) PS Case No. 354 of 2019 registered under Sections 457 and 380 of the IPC.

The informant has alleged that the petitioner has entered his house at 3 AM in the morning and taken away Twenty thousand rupees cash.

Learned Counsel for the petitioner submits that having no criminal antecedent the petitioner has falsely been implicated in this case only to silence the petitioner's demand in respect of certain wages due from the petitioner. The petitioner had worked as a labourer in the informant's house and thereafter on extraneous consideration this prosecution has been launched against him. There

Patna High Court CR. MISC. No.31328 of 2020(2) dt.08-01-2021 2/2 is no recovery of any incriminating material from the petitioner. Learned APP for the State has opposed the prayer for anticipatory bail.

Having considered the rival submissions this Court is inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, let the petitioner above named, in the event of arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Bhojpur, Ara in Barhra (Krishnagarh) PS Case No. 354 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T