Lalan Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.28429 of 2017 (3) dt.21-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28429 of 2017 Arising Out of PS.Case No. -153 Year- 2016 Thana -AURAI District- MUZAFFARPUR ====================================================== LALAN PASWAN, son of Yogi Paswan, resident of Village- Gorai, P.S.- Aurai, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satyendra Narayan Singh For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Aurai Police Station Case No. 153 of 2016, disclosing offences under Sections 341, 323, 504, 506, 376, 511/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence, In fact, the occurrence took place on 09.10.2016 whereas the F.I.R. has been lodge on 20.10.2016 after lapse of 11 days without any explanation, which itself creates doubt on the prosecution version. There is no medical report available on the record with respect of allegation of

Patna High Court Cr.Misc. No.28429 of 2017 (3) dt.21-07-2017 assault. Therefore, no specific case is made out against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st, Class, Muzaffarpur, in connection with Aurari Police Station Case No. 153 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T