Patna High CourtCR. MISC./46884/2018bail granted

Ramashish Paswan @ Amir Prem Karan And ORS v. The State Of Bihar

2018-08-25Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46884 of 2018 Arising Out of PS.Case No. -126 Year- 2018 Thana -KAKO District- JEHANABAD ======================================================

1. Ramashish Paswan @ Amir Prem Karan, son of Late Rajendra Paswan @ Sanjay Kumar,

2. Nagendra Paswan, son of Late Bineshwar Paswan,

3. Yogendra Paswan @ Bhalu, son of Late Mathura Paswan, All residents of Village- Kako Paswan Tola, P.S. Kako, District-Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Mojibur Rahman, Advocate For the Opposite Party/s : Mr. Shayam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 25-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Kako P.S. Case No.126 of 2018 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 307, 332, 333, 338, 188, 220(B), 427, 353, 504 and 506 Indian Penal Code.

In the written report, it is alleged that the informant on getting information that there is disturbance with regard to land dispute between Paswan Community and Yadav Community, proceeded to the place of occurrence. The police party were abused and assaulted by the petitioners and other accused as named in the written report. They caused obstruction in discharge of official duty of the informant.

Patna High Court Cr.Misc. No.46884 of 2018 (2) dt.25-08-2018 2/3 Counsel for the petitioners has submitted that petitioner No.1 has filed Title Suit No.33 of 2018, pending in the Court of Munsif, Jehanabad.

Counsel for the petitioners has further submitted that other co-accused with similar allegation have already been granted anticipatory bail vide order dated 09.08.2018 by this Court passed in Cr. Misc. No.42509 of 2018.

In the facts and circumstances of the case, prayer of 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 Kako P.S. Case No.126 of 2018, 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 Additional Chief Judicial Magistrate, Jehanabad, 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

Patna High Court Cr.Misc. No.46884 of 2018 (2) dt.25-08-2018 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- Rohit Kr.