Deepak Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18511 of 2017 Arising Out of PS.Case No. -1 Year- 2016 Thana -SONO District- JAMUI ====================================================== Deepak Paswan, s/o Anil Paswan, R/o- village- Dainikhanar, P.S.- Khaira, Distt.- Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s : Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 19-05-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Sono P.S. Case No.01 of 2016 instituted for the offence under Section(s) 395 Indian Penal Code.
It has been submitted that the petitioner has no criminal antecedents. He is not named in the First Information Report. His name has been disclosed by co-accused British Yadav and Rakesh Kumar in their confessional statements. No incriminating article has been recovered from the possession of the petitioner.
From the impugned order, it appears that the name of this petitioner was disclosed by co-accused British Yadav, Rakesh @ Pakash and Jogi @ Jogendra Thakur, who had been
Patna High Court Cr.Misc. No.18511 of 2017 (2) dt.19-05-2017 2/2 arrested by the police as mentioned in para 32, 60 and 92 of the case dairy.
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 Sono P.S. Case No.01 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Jamui, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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/- U T