Babun Paswan @ Babun Dusadh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26942 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -SIMRI District- BUXAR ======================================================

1. Babun Paswan @ Babun Dusadh, son of late Kalapu Paswan, resident of village- Aadarsh Nagar, Barka Rajpur, P.S. Simri, District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. B. P. Pandey, Sr. Advocate with Mr. Nirbhay Prashant, Advocate Mr. Aakash, Advocate Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 06-07-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Simri P.S. Case No.19 of 2017 instituted for the offence under Section(s) 341, 323, 325, 307/34 and 302 Indian Penal Code. It has been submitted on behalf of the petitioner that there is no allegation of any specific overt act against him. It has further been submitted that the petitioner was on duty on the date of occurrence.

As per written report, there is allegation that three sons of the petitioner assaulted Babua Jee Ram (deceased). In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event

Patna High Court Cr.Misc. No.26942 of 2017 (2) dt.06-07-2017 2/2 of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Simri P.S. Case No.19 of 2017, 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 Chief Judicial Magistrate, Buxar, 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