Vijay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36126 of 2022 Arising Out of PS. Case No.-385 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== Vijay Paswan Son Of Amerika Paswan R/O Village- Goithahan, P.S.- Harsidhi, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Mishra, Advocate For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 414 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on information that a stolen Bolero is parked outside the house of the petitioner, he reached the place of occurrence and on seeing the police, one accused fled who was identified as petitioner, further the Bolero was seized, it is next alleged that on demand, papers were not shown to the police by the family members.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is

Patna High Court CR. MISC. No.36126 of 2022(2) dt.29-11-2022 2/2 next submitted that petitioner was not even present at the place of occurrence or in the house when the alleged seizure is alleged to have been made, it is also submitted that the allegation itself makes it clear that car was not parked inside the house of the petitioner rather was parked outside the petitioner's house as such it cannot be alleged that the stolen vehicle was parked by the petitioner when admittedly he is a person with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Harsidhi P.S. Case No. 385 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T