Bechan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50258 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -MAHESI District- SAHARSA ====================================================== Bechan Paswan, S/o Raji Paswan @ Rajiv Paswan, R/o Vill.- Tegraha, P.S.- Mahesi, Distt.- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 27-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Mahesi P.S. Case No.08 of 2018 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 307, 324, 326, 337, 338, 353, 332, 427 and 504 Indian Penal Code.

Counsel for the petitioner submits that although petitioner is named in the written report, but there is no any allegation of specific over act against petitioner. In the written report, there is specific allegation that Vakil Sada had damaged glass of JCB Machine by throwing pieces of bricks. Similarly, Rua Devi is alleged to have assaulted one lady constable Juhi Kumari on her head with iron rod causing injury on her head, neck and teeth.

Patna High Court Cr.Misc. No.50258 of 2018 (2) dt.27-08-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Mahesi P.S. Case No.08 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- Rohit Kr.

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