Balu Paswan @ Dhirendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75315 of 2019 Arising Out of PS. Case No.-252 Year-2019 Thana- DHANARUA District- Patna ====================================================== Balu Paswan @ Dhirendra Paswan S/o Naresh Paswan R/o VillageAmarpura, P.S.- Dhanarua, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sadanand Paswan For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in a case registered for the offence under section 414 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act. As per the allegation in the FIR, on being seen by the police loading iron plates on the Pick-up Van, the accused persons attempted to escape but two of them were caught and a loaded country made arm was recovered from the possession of one of them and they disclosed the name of three persons who had escaped, the petitioner being one of them. It is submitted by learned counsel for the petitioner that the allegation as leveled against the petitioner is false and concocted and except the statement of co-accused made before

Patna High Court CR. MISC. No.75315 of 2019(3) dt.02-12-2019 2/2 the police, there is no incriminating material against this petitioner. It is further submitted that the petitioner was neither caught at the place of occurrence nor any incriminating material has been recovered from his possession and he has no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration the facts and circumstance of the case, the court is inclined to enlarge the petitioner on bail. The petitioner above named, in the event of his arrest or surrender in the court below within a period of six weeks from today in connection with Dhanarua P.S. Case No. 252 of 2019 is directed to be enlarged on bail on furnishing bail bond of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Masaurhi, Patna subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U