Lal Mohan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38122 of 2018 Arising Out of PS.Case No. -237 Year- 2017 Thana -BUDDHACOLONY District- PATNA ====================================================== Lal Mohan Paswan, Son of Late Lakhan Paswan, resident of VillageEkauna, P.O.- Tara, P.S. Ubra, District- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Digamber Kr. Singh For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 06-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 381 of the Indian Penal Code.

The prosecution case as per the written report of Sanjay Kumar Singh dated 21.07.2017 submitted to the Station House Officer, Budha Colony P.S. is to the effect that on 20.07.2017 at 7.00 P.M., the informant came to his house through his XUV vehicle along with his driver, the petitioner. In the dash board of the vehicle the informant kept Rs.1,10,000/- which he forgot take out while getting down the car. In the next morning, when the informant tried to take out the money from

Patna High Court Cr.Misc. No.38122 of 2018 (2) dt.06-07-2018 the dash board he did not find and then he started searching in the same premises. Thereafter, the informant went to the room of the driver and unlocked the room but money was even not there. From CCTV footage, it appears that at 5.00 A.M. the driver opened the door of the car and at 6.00 A.M. he escaped from there after taking the money.

It is submitted by learned counsel for the petitioner that on mere suspicion the accusation has been levelled. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP, however, submits that the petitioner is named in the FIR with accusation. Considering the suspicious nature of accusation based on circumstantial evidence coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XVI, Patna in connection with Budha Colony P.S. Case No. 237 of

Patna High Court Cr.Misc. No.38122 of 2018 (2) dt.06-07-2018 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T