This order grants pre-arrest bail to the petitioner, subject to surrender within four weeks and furnishing a bail bond with two sureties, noting that a similarly situated co-accused was earlier granted bail.
Petitioner enlarged on bail upon surrender and furnishing of a bail bond with two sureties within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21567 of 2023
Arising Out of PS. Case No.-377 Year-2016 Thana- FATUA District- Patna
======================================================
Dharmendra Paswan @ Dharmendra Kumar @ Rudal Paswan Son of Brijnandan Paswan @ Vrijnanandan Paswan R/v- Natthupur, P.S.- Fatuha, District- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Sushil Kumar Jha, Advocate For the Opposite Party/s : Mr.Akhileshwar Dayal, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 24-06-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner, in the present case, is seeking prearrest bail in connection with Fatuha P.S. Case No. 377/2016, G.R. No. 3121/16 registered for the offences punishable under Sections 379/34 of the Indian Penal Code. He has no criminal antecedent as stated in paragraph ‘3’ of the application.
As per the prosecution story, the F.I.R. has been lodged on the basis of the written report of the Child Development Project Officer, Patna in which it is alleged that in the meeting of Dumari Pancayat of village Nathhupur was held on 27.09.2016 for selection of Anganbari Sewika wherein the villagers including this petitioner had taken away the Aam Sabha register and other papers.
Patna High Court CR. MISC. No.21567 of 2023(2) dt.24-06-2023 2/3
Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that the co-accused Ranjit Ray @ Ranjit Kumar who is said to be similarly situated with the petitioner has been granted privilege of pre-arrest bail by a learned coordinate Bench of this Court in Cr. Misc. No. 42121/2022.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
Having regard to the facts and circumstances of the case, the nature of dispute and the fact that the co-accused Ranjit Ray @ Ranjit Kumar who is said to be similarly situated with the petitioner has been granted privilege of pre-arrest bail by a learned coordinate Bench of this Court in Cr. Misc. No. 42121/2022, this Court, therefore, directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- I, Patna City, in connection with Fatuha P.S. Case No. 377/2016, G.R. No. 3121/2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
And further condition that the court below shall verify
Patna High Court CR. MISC. No.21567 of 2023(2) dt.24-06-2023 3/3
the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajeev Ranjan Prasad, J)
Rajeev/-
U T
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail in connection with Section 379/34 of the Indian Penal Code.
Colour shows how this judgement treated each authority
Cr. Misc. No. 42121/2022Referred¶17
1 provisions across 1 enactments
DHARMENDRA PASWAN
THE STATE OF BIHAR
RAJEEV RANJAN PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
