Naresh Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40028 of 2017 Arising Out of PS.Case No. -188 Year- 2016 Thana -JHAJHA District- JAMUI ======================================================

1. Naresh Paswan son of Late Ramchandra Paswan

2. Deepak Kumar Paswan @ Deepak Paswan son of Naresh Paswan

3. Rajdeo Paswan son of Basdeo Paswan All are residents of Village - Ambedkar Nagar (Jhajha), P.S. - Jhajha and District - Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Jhajha P.S. Case No. 188 of 2016 instituted for the offence under Sections-302/34 of the Indian Penal Code.

It is alleged that Sapna Kumari called Amod Paswan, son of the informant on phone and committed murder along with her other relatives. The petitioners are described in written report as relatives of Sapna Kumari. There is general and omnibus allegation levelled against the petitioners.

It has been submitted that other co-accused with similar allegation has already been granted anticipatory bail by coordinate bench of this court vide order dated 13-07-2017 passed in Cr. Misc. No. 31463 of 2017.

Patna High Court Cr.Misc. No.40028 of 2017 (2) dt.30-08-2017 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Vaishali P.S. Case No. 130 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Jamui subject to condition as laid down u/S 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioners 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 petitioners.

(Sanjay Priya, J) A.K.V./- U T