Mithun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2181 of 2018 Arising Out of PS.Case No. -38 Year- 2015 Thana -ASARGANJ District- MUNGER ====================================================== Mithun Paswan, S/o Sikandar Paswan, R/o Village- Asha Jorari, Post Gonai Jorari, P.S.- Asarganj, Distt.- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Singh, Advocate. Mr. Maran Pd. Singh-2, Advocate.

Mr. Sagar Suman, Advocate.

For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Asarganj P.S. Case No. 38 of 2015 instituted for the offence under Sections 395 and 397 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. There is no recovery of any incriminating article from possession of this petitioner. Case diary has been received.

The name of this petitioner has transpired in paragraphs 52, 53 and 57 of the case diary. Some witnesses have taken the name of this petitioner that he along with other accused persons were talking about some looted articles but there is no

Patna High Court Cr.Misc. No.2181 of 2018 (3) dt.19-03-2018 2/2 recovery of any incriminating article from possession of this petitioner.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Asarganj P.S. Case No. 38 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Munger, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.