Dharmraj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58800 of 2021 Arising Out of PS. Case No.-121 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== DHARMRAJ PASWAN Son of Parmeshwar Paswan Resident of VillageSudhni, P.S.-Udwantnagar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Deeksha Singh, Advocate :

Mr.Ravindra Kumar, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2022 Heard Ms. Deeksha Singh, learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 457, 380 and 504 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a young boy of 21 years of age and is a person with clean antecedent and the informant alleges that on 13.03.2021 at about 9:30 pm he was at his home and woman folk had gone out to attend nature's call when in the mean time he heard sound from inside his house, on search he found that the petitioner was present inside the house and had taken Rs. 21,000 in cash, gold chain, silver anklet, etc. as detailed in the F.I.R., it is next

Patna High Court CR. MISC. No.58800 of 2021(2) dt.11-07-2022 2/3 alleged that informant tried to apprehend the petitioner but he managed to escape.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and from bare perusal of the F.I.R. it would manifest that the date of occurrence is 13.03.2021, the F.I.R. came to be instituted on 15.03.2021 and the F.I.R. was sent to the learned court below on 17.03.2021, it is next submitted that it absolutely does not stand to reason that if an occurrence had taken place on 13.03.2021 then why the F.I.R. was not instituted on the same day or promptly on the next day, this amply demonstrates that the informant by way of afterthought has implicated the petitioner falsely in the present case. It is further submitted that during the course of investigation no independent witness has come forward to support the prosecution case.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.58800 of 2021(2) dt.11-07-2022 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Udwantnagar P.S. Case No. 121 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T