Baua Paswan @ Raoshan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84434 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- FULKAHA District- Araria ====================================================== Baua Paswan @ Raoshan Kumar Paswan, S/o Late Basant Paswan R/o village- Madhura North, Ward No.- 4, P.S.- Fulkaha, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking anticipatory bail in connection with Fulkaha P.S. Case No.93 of 2018 registered for the offences punishable under Sections 414/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that nothing incriminating has been recovered from the possession of the petitioner. Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case wherein there is no recovery of stolen motorcycle from the house of this petitioner, his name has transpired in the confessional statement of the co-accused from whose possession the motorcycle has been

Patna High Court CR. MISC. No.84434 of 2019(2) dt.19-12-2019 2/2 recovered and further that the petitioner has no criminal antecedent, let the petitioner in the event of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of Sri Ashish Ranjan, learned Judicial Magistrate-1st Class, Araria in connection with Fulkaha P.S. Case No.93 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T