Kailash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8723 of 2018 Arising Out of PS.Case No. -136 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kailash Paswan, S/o Late Raghuni Paswan, Resident of Village- Kushar Kaswa Tola, P.S.- Sheohar District- Sheohar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar, Advocate. For the Opposite Party/s : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Rajepur P.S. Case No. 136 of 2016 instituted for the offence under Sections 341, 342, 323, 324, 307, 364(A) and 120B of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. The name of this petitioner has come in the confessional statement of co-accused Arjun Paswan as mentioned in the impugned order. It has further been submitted that another co-accused with similar allegation has already been granted anticipatory bail by this Court vide order dated 23.11.2017 passed in Cr. Misc. 52958 of 2017. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.8723 of 2018 (3) dt.03-04-2018 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Rajepur P.S. Case No. 136 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, Distt. East Champaran, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) S.Ali/- U T