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Patna High CourtCR. MISC./46055/2018bail granted

Mukesh Paswan @ Mukesh Kumar And ANR v. The State Of Bihar

2018-08-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46055 of 2018 Arising Out of PS.Case No. -134 Year- 2018 Thana -JAGDIHSPUR District- BHOJPUR ======================================================

1. Mukesh Paswan @ Mukesh Kumar, S/o Jukti Paswan @ Ramanand,

2. Sarvjeet @ Sarvjeet Kumar @ Bhitkawan, S/o Meghnath Paswan, Both are resident of Vill- Digha, P.S.- Dhangai, Dist- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Jagdishpur P.S.Case no.134 of 2018 , registered for offences punishable under Sections 147, 149, 323, 307, 341 and 379 of the Indian Penal Code.

Allegation against the petitioners, who are named in the FIR is that they created nuisance in the 'YAG' going on and also assaulted the informant and damaged the property. Submission of the learned counsel for the petitioners is that the allegation is general and vague and no specific allegation has been attributed against them. The petitioners have no criminal antecedent.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.46055 of 2018 (2) dt.09-08-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-XI, Bhojpur at Ara in connection with Jagdishpur P.S.Case no.134 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T