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Patna High CourtCR. MISC./62841/2024allowed

Shailesh Paswan v. The State Of Bihar

2024-10-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62841 of 2024 Arising Out of PS. Case No.-459 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Shailesh Paswan Son of Late Shivraj Paswan Resident of Village - Gokhula, P.S. - Shikarpur, District - West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Anil Kumar Barnwal Son of Late Ramashankar Barnwal Resident of Mohalla - Prakash Nagar, P.S. - Shikarpur, District - West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nitish Kumar For the State :

Mr. Ram Priya Sharan Singh For the Informant :

Mr. Sanjeev Kumar Ms. Bharti Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2024 Heard the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406, 420 and 34 of the Indian Penal Code.

3.

As per the FIR, the petitioner and other co-accused persons took Rs.75,00,000/- from the informant for the purpose of registering a land on the name of the informant but later on did not register the land neither returned his money. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.62841 of 2024(2) dt.05-10-2024 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is a civil/money dispute between the parties. Petitioner has no criminal antecedent. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. 6.

Having regard to the facts and circumstances of the case as well as considering that the informant is not in a position to show any document to support his case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Shikarpur P.S. Case No.459 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T