Patna High CourtCR. MISC./3108/2018bail granted

Laldeo Paswan And ORS v. The State Of Bihar

2018-01-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3108 of 2018 Arising Out of PS.Case No. -80 Year- 2017 Thana -SALAIYA District- AURANGABAD ======================================================

1. Laldeo Paswan,

2. Indradeo Paswan,

3. Dukhan Paswan, All Sons of Late Ghura Paswan.

4. Ashok Paswan @ Ashok Kumar, Son of Indradeo Paswan

5. Manoj Paswan,

6. Pramod Paswan, Both Sons of Dukhan Paswan.

All resident of Village- Hasanpur, Police Station- Salaiya, DistrictAurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Purushotam Sharma, Advocate. For the Opposite Party/s : Mr. Surendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-01-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Salaiya P.S. Case No. 80 of 2017 instituted for the offence under Sections 341, 323, 354, 379, 448, 504 and 506/34 of the Indian Penal Code. It has been submitted that allegation against the petitioners are general and omnibus. Petitioner No. 1 has filed Salaiya P.S. Case No. 57 of 2017 against the family members of the informant and the instant case is counter blast of the aforesaid case. Petitioner No. 4 has also filed Salaiya P.S. Case No. 17 of

Patna High Court Cr.Misc. No.3108 of 2018 (2) dt.23-01-2018 2/2 2017 against the family members of the informant. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Salaiya P.S. Case No. 80 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Auranbagad, Distt. Aurangabad, 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) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper 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 petitioners. (Sanjay Priya, J) S.