Gobardhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39993 of 2022 Arising Out of PS. Case No.-151 Year-2020 Thana- ARARIA District- Araria ====================================================== GOBARDHAN PASWAN SON OF HARILAL PASWAN R/O VILLAGEHINGANA AURAHI, P.S.- SIMRAHA, DISTRICT- ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Araria P.S. Case no. 151 of 2020 instituted for the offence under Sections 406, 420 and 379 of the Indian Penal Code. As per allegation in the FIR, petitioner has committed breach of trust and misappropriation of money which was paid to him by the informant for construction of his house. It is further alleged that he has stolen away the raw construction material from the construction site.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence.In fact after completion of construction work, informant

Patna High Court CR. MISC. No.39993 of 2022(2) dt.06-12-2022 2/2 has not paid the wages to petitioner therefore, petitioner gave a petition to Human Right Commission, Patna and in retaliation the present case has been filed with concocted story against the petitioner. He has got no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Araria P.S. Case no. 151 of 2020, he will be enlarged 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 CJM, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U