Pritam Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1803 of 2020 Arising Out of PS. Case No.-319 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Pritam Paswan S/o Jamuna Paswan, Resident of Village - Fakarabad, P.S.- Kudra, District - Kaimuar (Bhabhua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Kudra P.S. Case No.319 of 2019 registered for offence punishable under sections 147, 149, 341, 323, 325, 307, 353, 332, 333, 504 and 506 of the Indian Penal Code.

It has been alleged that two groups of persons about 100-150 assembled on account of settling the score with respect to the fact that one Vishal Paswan assaulted to Dharmendra Sah and when the police reached there to pacify the situation, both groups started hurling abuses and also pelted stones caused injury to three police personnel. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.1803 of 2020(2) dt.28-02-2020 2/3 100-150 persons are said to have involved in that incident, but the petitioner has wrongly been named in the FIR and he has not committed any over act, in such view of the matter, he is entitled to the anticipatory bail, placed reliance on the order passed by a coordinate Bench of this Court in Cr. Misc. No.84857 of 2019.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VI, Bhabua, Kaimur in connection with Kudra P.S. Case No.319 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. The petitioner will report to the concerned police station in 1st week of every month for nine months, In

Patna High Court CR. MISC. No.1803 of 2020(2) dt.28-02-2020 3/3 case of failure, the bail granted to the petitioner will be treated to have been cancelled.

(Shivaji Pandey, J) Mahesh/- U T