Binod Paswan And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40117 of 2015 Arising Out of PS.Case No. -58 Year- 2015 Thana -PAKARIBARAWAN District- NAWADA ======================================================

1. Binod Paswan Son of Dewa Paswan

2. Ranjeet Paswan Son of Dewa Paswan Both resident of village - Kesho Chak, P.S. Pakribarawan, Distt. - Nawada .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Manish Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 30-09-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under sections 147, 148, 149, 323, 324, 307, 353, 427 of the Indian Penal Code and the admitted position that the allegation of assault on the police party is mainly against the co-accused Mukesh Chaudhary as well as his wife, this Court by taking into account that the co-accused alike the petitioner, namely, Govind Choudhary, Chandradeo Choudhary and Futush Choudhary, have been granted privilege of anticipatory bail by an order of this Court dated 13.8.2015 in Cr.Misc.No. 33444/2015, would direct that if the petitioners, namely, Binod Paswan and Ranjeet Paswan, surrender before the court below within a period of four weeks from today, they shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like

Patna High Court Cr.Misc. No.40117 of 2015 (2) dt.30-09-2015 amount each to the satisfaction of the S.D.J.M., Nawada in Pakribarawan P.S.Case No. 58/2015, subject to the following conditions:

(i) That both the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on the date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse.

(iv) That the petitioners will be well represented on each and every date of trial and if they fail to do so on two

Patna High Court Cr.Misc. No.40117 of 2015 (2) dt.30-09-2015 consecutive dates, their bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) surendra/- U