Patna High CourtCR. MISC./55109/2016bail granted

Ramesh Paswan @ Rameshwar Paswan v. The State Of Bihar

2016-12-23Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55109 of 2016 Arising Out of PS.Case No. -86 Year- 2016 Thana -BARSOI District- KATIHAR ======================================================

1. Ramesh Paswan @ Rameshwar Paswan Son of Jageshwar Paswan Resident of Village- Katra, Police Station- Barsoi, District-Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 23-12-2016 Heard the Counsel for the petitioner and Mr. Dayal, APP for the State.

Apprehending his arrest in Barsoi P.S. Case No. 86 of 2016 registered under sections 147, 148, 149, 188,, 341, 323, 325, 307, 332, 353, 427, 337, 338, 379 and 120B of the Indian Penal Code, petitioner has prayed for grant of anticipatory bail. In course of counting of votes, it is alleged that 32 accused persons along with 500-600 unknown have obstructed the informant in discharge of official duty inasmuch as put the public property on fire. It is submitted that the petitioner is not named in the First Information Report. Several other co-accuseds who are named in the F.I.R. have since been granted anticipatory bail vide orders dated 15.09.2016 and 14.12.2016 passed in Cr. Misc. No. 32837 of 2016 and 46871 of 2016 respectively. Petitioner does not

Patna High Court Cr.Misc. No.55109 of 2016 (2) dt.23-12-2016 2/2 carry any criminal antecedent.

In the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to 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, Katihar in Barsoi P.S. Case No. 86 of 2016 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T