Gorelal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44395 of 2018 Arising Out of PS.C.ase No. -33 Year- 2018 Thana -JAYRAMPUR District- SEKHPURA ======================================================

1. Gorelal Paswan S/o Karu Paswan, R/o Vill.- Jayrampur, P.S.- Jayrampur, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-07-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Jairampur P.S. Case No. 33/2018, instituted for the offences punishable under Sections 457, 380 and 354 of the Indian Penal Code. Learned counsel for the petitioner has submitted that earlier the informant had purchased some clothes from the shop of the petitioner. When the petitioner made demand of money, he was abused and assaulted by the informant and for that Complaint Case No. 232C/2018 dated 14.06.2018 was lodged and to save the skin, instant case has been lodged by the informant. It is alleged that on the date of occurrence, this petitioner entered into the house of the informant and stolen away jewellary and other

Patna High Court Cr.Misc. No.44395 of 2018 (2) dt.27-07-2018 2/2 articles from his house, but there is no recovery of any articles from the possession of the petitioner. The petitioner has clean antecedent.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Jairampur P.S. Case No. 33/2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Radhe Shyam, the learned Judicial Magistrate, Sheikhpura, subject to the conditions as laid down under Section 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 date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper 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.

(Sanjay Priya, J.) Rakhi U T