Manoj Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40744 of 2018 Arising Out of PS.Case No. -348 Year- 2017 Thana -RIGA District- SITAMARHI ======================================================

1. Manoj Paswan, s/o late Girju Paswan,

2. Chandeshwar Sah, s/o Kishori Sah,

3. Ram Nandan Paswan, S/o Bilat Paswan, all residents of villageSimardah, P.S. Majorganj, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 12-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Riga P.S. Case No.348 of 2017 instituted for the offence under Section(s) 147, 149, 341, 342, 323, 353, 504 Indian Penal Code. Counsel for the petitioners submits that there is general and omnibus allegation against these petitioners. There is no allegation of any specific overt act.

In the written report, it is alleged that on account of death of two ladies in road accident, several persons had assembled and caused obstruction to the police in discharging his duty.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.40744 of 2018 (2) dt.12-07-2018 2/2 the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Riga P.S. Case No.348 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 the Chief Judicial Magistrate, Sitamarhi, 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 bonds 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.