Nandlal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44009 of 2018 Arising Out of PS. Case No.-96 Year-2017 Thana- MALI District- Aurangabad ====================================================== Nandlal Paswan S/o Bhardul Paswan, R/o Vill.- Tamsi, P.S.- Mali, DistrictAurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Pandey For the Opposite Party/s :

Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Mali P.S. case no. 96 of 2017 instituted for the offence under Section(s) 147,149, 186, 188, 353, 379, 401 and 504 of the Indian Penal Code. Learned counsel for the petitioner is permitted to make necessary correction in para 8 of the bail petition. Learned counsel for the petitioner has submitted that there is general and omnibus allegation against petitioner. In the written report it is alleged that accused persons cut away the crop from the land in-question for which receiver was also appointed and proceeding under Section 145 Cr. P.C. was also initiated.

In the facts and circumstances of the case, prayer of the

Patna High Court Cr.Misc. No.44009 of 2018(2) dt.25-07-2018 2/2 petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Mali P.S. case no. 96 of 2017, 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 ACJM-V, Aurangabad, 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