Hiraman Paswan @ Hiraman Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30479 of 2019 Arising Out of PS. Case No.-116 Year-2017 Thana- BUXAR District- Buxar ====================================================== HIRAMAN PASWAN @ HIRAMAN PRASAD Son of Devnarayan Paswan, Resident of Village - Nadev, Post - Nadaw, P.S.- Buxar (M), District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Lal Verma For the Opposite Party/s :

Mr.Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-05-2019 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 Buxar Town P.S. Case No. 116 of 2017 registered for offence punishable under sections 143, 149, 341, 290, 120(B), 504, 353 of the Indian Penal Code and 3/4 of the Bihar control of the Use and Play of Loudspeaker Act, 1955. There was call of "Bandh" by Hon'ble M.P. of Buxar town and the member of Bhartiya Janta Parti created jam of NH-84 and they were raising slogan against the Administration as well as against the police personnel. The petitioner was identified as a member of mob. Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the

Patna High Court CR. MISC. No.30479 of 2019(2) dt.09-05-2019 2/2 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 District and Sessions Judge, Buxar in connection with Buxar Town P.S. Case No. 116 of 2017, 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. Whenever the Police will call the petitioner for the purpose of interrogation/investigation, he would present himself, In case of failure, the prosecution will have liberty to make a prayer for cancellation of his bail before the court below.