Tarni Paswan Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Tarni Paswan Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Conditional anticipatory bail allowed: petitioner to be released on bail upon arrest or surrender before the Court below within six weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount, to the satisfaction of the learned Judicial Magistrate, 1st Class, Barh (Patna Judgeship), subject to Section 438(2) CrPC conditions and additional conditions (local bailors with sufficient immovable property; co-operation in investigation/trial and presence whenever required; affidavit undertaking no further such criminal activity during the bail period, failing which the bail bond may be cancelled).

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, Tarni Paswan, who apprehends arrest in connection with Bhadaur P.S. Case No.81 of 2023 instituted under Sections 341, 323, 353, 385, 504, 506 IPC (alleged extortion demand and tearing of the school attendance register).

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Barh (Patna Judgeship), in connection with Bhadaur P.S. Case No.81 of 2023, subject to the conditions laid down in Section 438(2) CrPC.

Ratio / Principle

Condition imposed that bailors should be local persons having sufficient immovable property within the jurisdiction of the Court concerned.

Key takeaways

Condition imposed that, at the time of furnishing the bail bond, the petitioner shall file an affidavit undertaking not to involve in such criminal activity during the continuance of the bail bond; violation of this condition shall result in cancellation of his bail bond.ratio¶25

Detailed headnote1 paragraphs

Patna High Court (Sunil Dutta Mishra, J.), Criminal Miscellaneous No.8295 of 2024, oral order dated 23-02-2024: anticipatory bail granted to Tarni Paswan, who apprehended arrest in connection with Bhadaur P.S. Case No.81 of 2023, District Patna, instituted under Sections 341, 323, 353, 385, 504, 506 IPC. Prosecution case: petitioner allegedly demanded extortion money from the Head Master of Primary School, Benua Bazar, crossed the attendance of two Assistant Teachers with pen and tore the attendance register. Defence pleaded innocence, false implication, a counter case said to have been filed by the informant, and absence of criminal antecedents. Bail allowed in the event of arrest or surrender within six weeks, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Barh, subject to Section 438(2) CrPC conditions, with additional conditions: local bailors with sufficient immovable property; co-operation in investigation/trial; and an affidavit undertaking not to indulge in such criminal activity during the bail period, breach entailing cancellation of the bail bond. No precedent cases were cited; no impugned order was under challenge.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8295 of 2024

Arising Out of PS. Case No.-81 Year-2023 Thana- BHADAUR District- Patna

======================================================

Tarni Paswan S/o Siyasharan Paswan, R/o Village- Benua Basar, P.SBhadaur, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar S.K., Advocate. For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 23-02-2024

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhadaur P.S. Case No.81 of 2023 instituted under Sections 341, 323, 353, 385, 504, 506 of the Indian Penal Code.

As per the prosecution case, the petitioner demanded extortion money from the Head Master of Primary School, Benua Bazar, Bhadaur, Patna and for which he crossed the attendance of two Assistant Teachers with pen and thereafter tore the said attendance register.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner has raised the question of functioning of the school due to which there was

Patna High Court CR. MISC. No.8295 of 2024(2) dt.23-02-2024 2/3

altercation took place between the parties for which the petitioner has filed a case and to save himself the informant has also filed counter case. He also submits that petitioner has no criminal antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate, 1^st Class, Barh under Patna Judgeship in connection with Bhadaur P.S. Case No.81 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973, subject to the following conditions:-

(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the investigation/ trial and shall be present whenever required during the

Patna High Court CR. MISC. No.8295 of 2024(2) dt.23-02-2024 3/3

investigation/trial.

(iii) The petitioner shall file an affidavit at the time of furnishing of bail bond that he will not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his bail bond.

(Sunil Dutta Mishra, J)

Ritik/-

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