Baldeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50034 of 2021 Arising Out of PS. Case No.-88 Year-2018 Thana- SULTANGANJ District- Bhagalpur ====================================================== Baldeo Paswan, S/O Late Masudan Paswan Resident Of Village- Kamarganj, P.S.- Sultanganj, District- Bhagalpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Madan Mohan For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of theft of a Bolero vehicle of which, the petitioner is alleged to be the caretaker.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case based on suspicion as nothing has come during the course of investigation to even remotely connect him with the offence. The learned Additional Public Prosecutor opposes the

Patna High Court CR. MISC. No.50034 of 2021(2) dt.25-07-2022 2/2 anticipatory bail application and submits that it appears that the petitioner at his own sweet will, has approached this Court, the case is of Year 2018 and the present anticipatory bail application came to be filed on 01.03.2021. The learned A.P.P. thus submits that when there is inordinate delay in instituting the F.I.R. that becomes a consideration for grant of bail, accordingly, when an accused approaches the Court at leisure, he should not be given the benefit of anticipatory bail.

Considering the submissions made by the learned Additional Public Prosecutor, the Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, his prayer for anticipatory bail stands rejected.

(Satyavrat Verma, J) vikash/- U T