Patna High CourtCR. MISC./80587/2023bail granted

Bihari Paswan v. The State Of Bihar

2024-01-10Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80587 of 2023 Arising Out of PS. Case No.-115 Year-2023 Thana- GURUA District- Gaya ====================================================== BIHARI PASWAN, Male, aged about 31 years, S/O MADHU PASWAN @ MADAN PASWAN, R/o VILLAGE- USHEVA, PS. GURUA, DIST. GAYA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Jha, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-01-2024 Heard Mr. Alok Kumar Jha learned counsel appearing on behalf of the petitioner and Mr. Tapeshwar Sharma learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Gurua P.S. Case No. 115 of 2023 dated 10.03.2023 registered for the offence(s) punishable under Sections 457 and 380 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner had stolen jewellery and cash of Rs.50,000/- of the informant. Informant is the eye-witness.

4. Learned counsel appearing on behalf of the petitioner submitted that allegation made in the FIR is not supported by any of the witnesses. The informant had chased the petitioner in public place but no one had come in her rescue. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the

Patna High Court CR. MISC. No.80587 of 2023(2) dt.10-01-2024 2/2 prayer for grant of pre-arrest bail.

6. Considering the nature of allegation and also the fact that petitioner has clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M 1st, Sherghati, Gaya in connection with Gurua P.S. Case No. 115 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force (Purnendu Singh, J) Sanjay/- U T