Vijay Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10357 of 2016 Arising Out of PS.Case No. -53 Year- 2013 Thana -PATNA COMPLAINT CASE District- PATNA ====================================================== Vijay Paswan, S/o Saryug Paswan, resident of village- Khaddi Lodipur, P.O.- Dhangaon, P.S.- Hilsa, District- Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. Arun Paswan, S/o Late Brajraj Paswan, village- Koylama, P.OKoylama, P.S.- Harnaut, District- Nalanda

3. Subodh Paswan, S/o Sri Ratan Paswan, village- Badhaura, P.O.- Narsunda, P.S.- Chandi, District- Nalanda .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Dr. Rabindra Kr.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 406, 323 and 504 of the Indian Penal Code. The prosecution case is that the five accused persons including the petitioner took loan of Rs. 4,61,000/- from Subodh Paswan and Rs. 4,00,000/- from Arun Paswan on the assurance that he will return the same within six months, but in spite of legal notice money was not returned. When demand of return money was made by the complainants the accused persons assaulted them.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.10357 of 2016 (2) dt.04-02-2016 petitioner that two agreements have been entered into between the parties one between Ranjit Paswan and Subodh Paswan and the other between Ranjit Paswan and Arun Paswan, but the petitioner is not a party to the either of the agreements. The copies of the agreements have been brought on record as Annexure-2 series. Ranjit Paswan, with whom agreements were made has been granted bail on the basis of compromise with the complainant. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Ist Class, Barh, Patna in connection with Complaint Case No. 53C of 2013, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T