Jitendra Paswan @ Jitendra Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63484 of 2018 Arising Out of PS.Case No. -356 Year- 2018 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Jitendra Paswan @ Jitendra Kumar Paswan, Son of Ram Pukar Paswan, Resident of Village- Ward No. 24, Bagha Baghi, P.S.- Sadar, DistrictBegusarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rajeev Kumar Labh, Advocate. For the Opposite Party : Mr. Ram Anurag Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 379, 420, 414 of the IPC and 7 of E.C. Act.

The prosecution story, in brief, is that on 23.06.2018 at 8.45 A.M., on information, the informant and others raided the houses of Jitendra Paswan @ Jitendra Kumar Paswan (petitioner), who is a P.D.S. Dealer, co-accused Pinku Poddar and Raj Narayan Sah and recovered 180, 60 and 40 liters Kerosene Oil respectively from their houses.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present

Patna High Court Cr.Misc. No.63484 of 2018 (2) dt.11-10-2018 2/2 case due to mistake of fact. The petitioner is a P.D.S. dealer. There is no complaint against the petitioner by consumers. It is further submitted that the petitioner is ready to deposit an amount of Rs. 15,000/- (Rupees Fifteen Thousand Only) in the court below which shall be subject to final disposal of the case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 15,000/- (Rupees Fifteen Thousand Only) in the court below which shall be subject to final disposal of the case. On doing so, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Begusarai, in connection with Town P.S. (Lohiyanagar O.P. )Case No. 356/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T