Hari Paswan @ Hiralal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.184 of 2019 Arising Out of PS. Case No.-244 Year-2017 Thana- MADHUBAN District- East Champaran ====================================================== Hari Paswan @ Hiralal Paswan, son of Gagandeo Paswan, resident of villageBara Mangaru, P.S.-Madhuban, District-East Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Radha Mohan Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Madhuban P.S. Case No. 244 of 2017, registered for the offence punishable under Sections 144, 188, 341, 435, 353, 427, 504 and 120B of the Indian Penal Code. Allegation has been made that on account of death of Heera Sharma, who was working on electric pole for fixing transformer, the petitioner and several other persons assembled and blocked Banajula-Sheohar Road with bamboo and began to close the shops forcibly situated at Malang Chow to Dak Bunglow Chowk.
Learned counsel for the petitioner submits that there is no specific allegation against the petitioner and he is only a
Patna High Court Cr.Misc. No.184 of 2019(2) dt.11-01-2019 2/2 member of mob and other similarly situated co-accused persons have already been granted bail (Annexure-3).
Looking to the entire facts and circumstances of the case, let the petitioner above-named be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Motihari in connection with Madhuban P.S. Case no. 244 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.
(Shivaji Pandey, J) V.K.Pandey/- U T