Nagesher Paswan @ Nageshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.761 of 2019 Arising Out of PS. Case No.-100 Year-2018 Thana- MANPUR District- Nalanda ====================================================== Nagesher Paswan @ Nageshwar Paswan son of Late Dukhi Paswan, Resident of Village - Gongaripar, P.S. - Manpur, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Manpur P.S.Case No. 100 of 2018, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 337 and 379 of the Indian Penal Code.

The informant is the wife of one Golu Kumar who is an accused in Manpur P.S. Case No. 89 of 2018 on the allegation that he was committing theft of sand and while trying to escape from being caught because of rash and negligent driving, he hit the son of the informant of that case, who died instantaneously. It is alleged in the present FIR that this petitioner assaulted the informant's husband on 26.06.2018, for which the FIR came to be registered on 12.07.2018. The

Patna High Court Cr.Misc. No.761 of 2019(2) dt.25-01-2019 2/2 occurrence is said to have taken place in retaliation to the earlier occurrence, leading to the registration of Manpur P.S. Case No. 89 of 2018.

Considering the fact that the petitioner has no criminal antecedent and the background in which the occurrence is said to have taken place, this application is allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Biharsharif in Manpur P.S. Case No. 100 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T