Surendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49862 of 2019 Arising Out of PS. Case No.-385 Year-2018 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

Surendra Paswan, Son of Late Bihari Paswan 2.

Ram Briksha Paswan Son of Late Lakhan Paswan Resident of Village - Karhiya Rajnagar, P.S.- Rajnagar, Distt - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-08-2019 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Rajnagar P.S. Case No. 385 of 2018, registered under Sections 461 and 379 of the Indian Penal Code. The allegation against the petitioners, as per FIR, is that iron rods for construction of temple was stolen by one Kamal Paswan, worth about Rs. 1,00,000/-.

Learned counsel for the petitioners submits that the petitioners are innocent and are not named in the FIR. He further submits that the named accused Kamal Paswan was arrested by the police, who disclosed the name of the petitioners that petitioners were also involved in the theft of iron rods. He

Patna High Court CR. MISC. No.49862 of 2019(2) dt.09-08-2019 2/2 further submits that the petitioners have got no criminal antecedent and no recovery of any stolen material was made from the possession of the petitioners.

After having heard learned counsel for the parties and taking into consideration the fact that the petitioners are not named in the FIR and no recovery of stolen property has been made from the possession of the petitioners and the petitioners have got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioners.

This application is, accordingly, allowed.

Let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Madhubani in connection with Rajnagar P.S. Case No. 385 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) S.Katyayan/- U T