Surendra Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42899 of 2017 Arising Out of PS. Case No.-308 Year-2014 Thana- ROSERA District- Samastipur ====================================================== 1.

Surendra Paswan, Son of Munmun Paswan, 2.

Lalit Paswan Son of Late Bachchu Paswan, 3.

Sushil Paswan Son of Ram Kumar Paswan, 4.

Lalan Paswan Son of Ram Sakha Paswan, 5.

Gobind Paswan Son of Jagdish Paswan, 6.

Nandan paswan Son of Late Lakshmi paswan, 7.

Mukesh Paswan Son of Ram Udgar Paswan, 8.

Sanoj Paswan Son of Ram Udgar Paswan, 9.

Nanhaki Paswan Son of Prem Lal Paswan, All R/o Village- Jarhi, P.S.- Rosera, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. R. S. Pradhan, Sr. Adv.

Mr. Ranjeet Choubey Mr. Jainendra Kumar For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-09-2017 Learned Senior Counsel for the petitioners has submitted that petitioner no. 5, namely, Gobind Paswan, has been arrested. This application, so far as petitioner no. 5 is concerned, having become infructuous, stands dismissed.

Heard learned Senior Counsel for the petitioners and learned Additional Public Prosecutor representing the State of Bihar.

This application, for grant of anticipatory bail, arises out of Rosera Police Station Case No. 308 of 2014, disclosing

Patna High Court Cr.Misc. No.42899 of 2017(2) dt.19-09-2017 2/3 offences under Sections 379 and 411 of the Indian Penal Code. The petitioners are not named in the First Information Report.

It is submitted on behalf of the petitioners that on the basis of confessional statement of one Ram Sevak Choudhary, the police are chasing these persons also. It has been submitted that no proceeding under Section 82-83 of the Code of Criminal Procedure, 1973, has been initiated. It has further been stated that there is no chance of the petitioners fleeing from the course of investigation or trial, if allowed privilege of anticipatory bail. Considering the above submissions, this application is allowed.

Let the petitioners, namely, Surendra Paswan, Lalit Paswan, Sushil Paswan, Lalan Paswan, Nandan Paswan, Mukesh Paswan, Sanoj Paswan and Nanhaki Paswan, in the event of their arrest or surrender before the Court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rosera, Samastipur, in connection with Rosera Police Station Case No. 308 of 2014, subject to the condition laid down under Section

Patna High Court Cr.Misc. No.42899 of 2017(2) dt.19-09-2017 3/3 438 (2) of the Code of Criminal Procedure, 1973. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court below on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √