IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.15013 of 2011
Anil Kumar Paswan, Son of Sri Beni Paswan, Resident of Village Chilmil, P.S. Muffasil, District
Begusarai.
---------- Petitioner
Versus
The State Of Bihar.
-------- Opposite Party
-----------
03/- 29/08/2011 Heard Mr. Aditya Prakash Sahay learned counsel for the
petitioner and Mr. Uma Shankar Pd. Singh learned Additional Public
Prosecutor for the State, who is armed with carbon copy of the case
diary.
The petitioner apprehends his arrest in connection with a
case registered for the offence punishable under Section 420, 467,
468, 471 of the Indian Penal Code and Section 3(1) (X) of SC/ST
Prevention of Atrocity Act, is one of the named accused in this case,
relating to execution of a sale-deed.
Submission is that petitioner is simply identifier and did
nothing more. Learned Additional Public Prosecutor in spite of being
armed with carbon copy of the case diary up to paragraph nos. 133
dated 16.06.2011 could not point out anything otherwise. Moreover,
under similarly situated circumstance, the deed writer has already
been granted the privilege by a Bench of this Court vide order dated
23.10.2008 passed in Cr. Misc. No. 38760 of 2008
Considering the facts and circumstances of the case, in
the event of his arrest/surrender before the court below within four
weeks, let the above named petitioner be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two
sureties of the like amount each to the satisfaction of Chief Judicial
2
Magistrate, Begusarai, in connection with Begusarai SC/ST P.S. Case
No. 27 of 2008, subject to condition laid down under Section 438(2)
of the Criminal Procedure Code with additional condition to remain
physically present before the court below on each and every date at
least for one year or till disposal of the case, whichever is earlier, in
case of failure on two consecutive dates, without giving any
reasonable explanation, the liberty granted shall be deemed to be
cancelled.
Praveen/- ( Akhilesh Chandra, J.)