Babudhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16928 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -MAHILA PS District- BUXAR ======================================================

1. Babudhan Paswan Son of Late Kedar Paswan, Resident of MohallaChakia, Police Station- Buxar Muffasil, District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Buxar Mahila P.S. Case No. 33 of 2016 giving rise to POSCO Case No. 09 of 2016 instituted for the offence under Sections-341, 323, 504, 506, 354A(ii)/34 of the Indian Penal Code and Section-8 of the POSCO Act.

From the written report, there is no specific allegation of overt act against the petitioner. The petitioner is father of Abhay Kumar and Vinay Kumar against whom, there is allegation of committing overt act with the informant.

It has been mentioned at paragraph-3, that the petitioner has no criminal antecedent.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.16928 of 2017 (2) dt.12-05-2017 2/2 allowed it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Buxar Mahila P.S. Case No. 33 of 2016 giving rise to POSCO Case No. 09 of 2016 to the satisfaction of Learned Additional Sessions Judge-Ist, Buxar subject to condition as laid down u/S 438(2) of the 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 petitioners 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) A.K.V.