Janardan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12404 of 2018 Arising Out of PS. Case No.-243 Year-2017 Thana- SHERGHATI District- Gaya ====================================================== Janardan Paswan, Son of Saryu Paswan, Resident of Village- Jamheta, P.S.- Fatehpur, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Onkar Nath For the Opposite Party/s :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehend arrest in Sherghati P.S. Case No. 243 of 2017 instituted for the offence under Sections 414,420,34 of the IPC.

Counsel for the petitioner has submitted that he is not named in the written report. In the written report, it is alleged that two persons was arrested by the police and on search several ATM cards were recovered from their possession. It has been further submitted that one Alto car was seized by police from the road. This petitioner has been named in this case on the ground that he is owner of the aforesaid Alto car.

Counsel for the petitioners has further submitted that

Patna High Court Cr.Misc. No.12404 of 2018(3) dt.06-04-2018 2/2 he has no criminal antecedent.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sherghati P.S. Case No. 243 of 2017 to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati (Gaya), subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.