Raju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62395 of 2022 Arising Out of PS. Case No.-208 Year-2022 Thana- MAJORGANJ District- Sitamarhi ====================================================== RAJU PASWAN S/o Nandu Paswan R/o Village- Raghunathpur, P.S.- Mejorganj, Distt- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2022 Heard 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 25(1-B) (a), 26 and 35 of the Arms Act.

The informant alleges that one Angaj Kumar was apprehended and from his mobile shop arms, knife, mobile and sim were recovered and he disclosed the name of the petitioner who fled on seeing the police.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is further

Patna High Court CR. MISC. No.62395 of 2022(2) dt.07-12-2022 2/3 submitted that his name transpired in the confessional statement of co-accused in police custody with does not have any evidentiary value, it is also submitted that petitioner is a person with clean antecedent and he will not evade the law and will cooperate in the investigation and will present himself as and when required by the Investigating Officer of the case for arriving at the truth.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mejorganj P.S. Case No. 208 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

One of the bailor of the petitioner shall be his father Nandu Paswan.

Further, in the event if the Investigating Officer of the

Patna High Court CR. MISC. No.62395 of 2022(2) dt.07-12-2022 3/3 case files an application before the learned Trial Court bringing to its notice that the petitioner despite giving assurance to this Court is not cooperating in the investigation or is not making himself available as and when called, the learned Trial Court, after giving an opportunity of hearing to the petitioner, shall pass orders in accordance with law and shall also have the liberty to cancel his bail bonds.

The learned Trial Court is directed to send a copy of this order to the concerned P.S.

(Satyavrat Verma, J) Harsh/ShubhamU T