Amar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20293 of 2016 Arising Out of PS.Case No. -243 Year- 2015 Thana -GORAUL District- VAISHALI (HAJIPUR) =====================================

1. Amar Paswan, Son of Late Baleshwar Paswan, Resident of Village- Bishunpur Arra, P.S.- Goraul, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mrs. Anuradha Singh, Adv. For the Opposite Party/s : Mr. Md. Fahimuddin (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Goraul P.S. Case No.243 of 2015 (Tr. No.69 of 2016), disclosing offences under Sections 341, 325, 323, 506 and 308 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner was given the benefit of the provisions under Section 41 of the Code of Criminal Procedure, in course of investigation, and he never

Patna High Court Cr.Misc. No.20293 of 2016 (2) dt.20-05-2016 2/2 misused the said privilege. It has, accordingly, been submitted that no purpose would be served if the petitioner is taken into custody in the present case. It has further been submitted that the petitioner has no criminal antecedent and petty dispute is the reason behind lodging of the First Information Report. In view of the submission, as above, this application is allowed. Let the petitioner, abovenamed, 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 Additional Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Goraul P.S. Case No.

243 of 2015, 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 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/- U T