Pran Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41949 of 2016 Arising Out of PS.Case No. -90 Year- 2016 Thana -MANIHARI DistrictKATIHAR =====================================

1. Pran Paswan, Son of Late Kisto Paswan, Resident of Village-Gandhi Tola, Police Station-Manihari, DistrictKatihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Amit Kumar Rakesh ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-09-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Manihari P.S. Case No. 90 of 2016, disclosing offences under Sections 148, 149, 307, 341, 354, 397, 450 and 504 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that for an occurrence, alleged to have taken place on 23.01.2014, a complaint petition was filed by the complainant on 06.03.2014, which is the basis for

Patna High Court Cr.Misc. No.41949 of 2016 (2) dt.29-09-2016 2/3 registration of the present First Information Report on 04.05.2016, under Section 156(3) of the Code of Criminal Procedure.

It has been submitted by learned counsel for the petitioner that even if the contents of the complaint petition are taken to be true for the sake of argument, no offence is made out against this petitioner since, though there is vivid description in the said paragraph as to which accused did what, there is no such allegation against this petitioner. He has emphatically submitted that except that the petitioner's name find place in the column of accused persons in the complaint petition, there is no allegation against him. 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Manihari P.S. Case No. 90 of 2016, 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

Patna High Court Cr.Misc. No.41949 of 2016 (2) dt.29-09-2016 3/3 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/-c U T