Santosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26165 of 2019 Arising Out of PS. Case No.-261 Year-2018 Thana- MANIHARI District- Katihar ====================================================== SANTOSH PASWAN S/o Late Kshatriya Paswan, R/o village- Naya Tola, Ward No. 1, (Harijan Colony), P.S.- Manihari, District- Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Manihari P.S. Case No. 261 of 2018 registered for offence punishable under sections 341, 323, 307, 379/34 of the Indian Penal Code.

As per the statement made in the Fardbeyan that when the informant was coming his house on motor cycle along with one Raja Kumar, reached near the house of Shivraj Paswan then the petitioner and others were playing gambling and blocked the road whereupon the informant requested to give way to go whereupon Sudama Paswan gave three blow on his head by iron rod and other accused persons have also assaulted, having stated that there is specific allegation against Sudam Paswan, but against the petitioner there is general and omnibus allegation and Sudam Paswan has

Patna High Court CR. MISC. No.26165 of 2019(2) dt.23-04-2019 2/2 already been granted bail by one of the coordinate Bench of this Court in Cr. Misc. No.11696 of 2018 vide order dated 28.02.2019. In such view of the matter, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Manihari P.S. Case No. 261 of 2018, subject to the conditions as laid down under section 438 Cr.

PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of his bail bond.

(Shivaji Pandey, J) mkchy/- U T