Dilip Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30901 of 2018 Arising Out of PS. Case No.-210 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== Dilip Paswan S/o Siya Paswan, R/o Vill.- Domuhan Parariya, P.S.- Bodh Gaya, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nikhilesh Kumar For the Opposite Party/s :

Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Bodhgaya P.S. case no. 210 of 2018 instituted for the offence under Section(s) 109,147,149,188 and 353 of the Indian Penal Code. It is submitted that petitioner is named in the written report as a member of unlawful assembly. There is no specific allegation of overt act against this petitioner. Allegation in the FIR is that 100 people had blocked the Gaya Dobhi road and forcing the shopkeepers to close their shops. It is alleged that some of the accused persons were identified and name of this petitioner is also mentioned as one of them.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event

Patna High Court Cr.Misc. No.30901 of 2018(2) dt.24-05-2018 2/2 of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bodhgaya P.S. case no. 210 of 2018, 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 the learned CJM Gaya, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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) shyambihari/- U T