Lalit Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80304 of 2018 Arising Out of PS. Case No.-253 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Lalit Paswan Son of Ganeshi Paswan, Resident of Village- Sikander Pur, P.S.- Sangram Pur, District- East Champaran.

... ... Petitioner/s

Versus

1. State Of Bihar and Anr

2. Pawan Kumar Saraf, Son of Dewaki Prasad, Ward Councilor, Ward No. 4, Mohalla- RaniGanj, Ward No. 4, P.S. Chakia, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Complaint Case No. C-253 of 2017 in connection with Trial No. 2073 of 2017 disclosing offences punishable under Sections 342, 323, 504, 506/34 of the Indian Penal Code and the cognizance has been taken under Sections 323, 504, 384/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that after registration of the First Information Report, the police carried out the investigation and found the case to be true. However, on the basis of protest-cum-complaint petition filed by

Patna High Court Cr.Misc. No.80304 of 2018(3) dt.25-01-2019 2/2 the informant, the court below has taken cognizance. He submits that there is no chance of the petitioner fleeing from the course of investigation.

Considering the submission, as above, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand), with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIII, Motihari, East Champaran in connection with Trial No. 2073 of 2017 arising out of Complaint Case No. C-253 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U T