Chandan Paswan @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 73130 of 2018 Arising Out of PS. Case No.-162 Year-2018 Thana- BUXAR District- Buxar ====================================================== Chandan Paswan @ Chandan Kumar Son of Shatrudhan Paswan @ Shatrudhan Ram Resident of Village- Khallasi Muhalla- P.S. Buxar(Town), District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner apprehends his arrest in a case registered under Sections 147, 148, 149, 353, 307 of Indian Penal Code, Section 27 of Arms Act and Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

It is submitted by the petitioner's counsel that on the basis of suspicion, petitioner has been named by unknown persons. It is submitted that even the motorcycle, which has been recovered, does not belong to the petitioner and he has no concern with the incident as no recovery was made from him nor he was arrested on the spot. He is on bail in Buxar (Town) Police Station Case No 250 of 2018.

Patna High Court Cr.Misc. No.73130 of 2018(3) dt.21-12-2018 2/3 Considering the aforesaid submissions and the facts and circumstances of the case, prayer for anticipatory bail is allowed. Let the petitioner above named, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II -cum- Special Judge (Excise Act), Buxar in Buxar (T) Police Station Case No 162 of 2018 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code and also with the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T

Patna High Court Cr.Misc. No.73130 of 2018(3) dt.21-12-2018 3/3