Anil Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45256 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -DHIBRA District- AURANGABAD ====================================================== Anil Paswan, son of Late Parikha Paswan, resident of village - Dumari, Police Station - Amba, District - Aurangabad (Bihar). .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party/s : Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Dhibra P.S. Case No.09 of 2018 instituted for the offence under Section 414/34 of the Indian Penal Code.
In the written report it is alleged that one Tunnu Paswan was arrested with the stolen tempo. He disclosed before the police in his confession that one stolen generator of Atul Company is kept in the house of uncle Anil Paswan (petitioner). The police went to the house of the petitioner and recovered stolen generator along with one iron cutting machine. The seizure list has been enclosed with First Information Report. The seizure list neither bear signature of the petitioner nor of any family members of the petitioner.
Patna High Court Cr.Misc. No.45256 of 2018 (2) dt.09-08-2018 2/2 Considering the facts and circumstances of the case, 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 Dhibra P.S. Case No.09 of 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 learned Additional Chief Judicial Magistrate-II, Aurangabad, subject to the conditions as laid down under Section 438 (2) 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if 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. (Sanjay Priya, J) S.Ali/- Rohit Kr.
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