Jhakho Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51112 of 2018 Arising Out of PS.Case No. -139 Year- 2018 Thana -BALIYA District- BEGUSARAI ====================================================== Jhakho Paswan, S/o late Radhey Paswan, R/o Vill.- Manserpur, P.S.- Ballia, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 30-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Ballia P.S. Case No.139 of 2018 instituted for the offence under Section(s) 341, 323, 452, 380, 354 & 504/34 Indian Penal Code. Counsel for the petitioner submits that both parties are next door neighbour and there is land dispute between them. In the written report, it is alleged that petitioner assaulted the informant, Chhotu Paswan, by means of rod and also snatched earring from Manju Devi. The case has been registered for the offence under Sections 341, 323, 452, 380 and 504 of Indian Penal Code. There is no mention of any injury in the impugned order of the Sessions Judge.

Patna High Court Cr.Misc. No.51112 of 2018 (2) dt.30-08-2018 2/2 In the written report also, there is no mention that the informant sustained any injury.

In the facts and circumstances of the case, prayer of the 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 Ballia P.S. Case No.139 of 2018, 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 Chief Judicial Magistrate, Begusarai, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) JA/- Rohit Kr.

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