Patna High CourtCR. MISC./41474/2019bail granted

Arjun Paswan v. The State Of Bihar

2019-07-10Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41474 of 2019 Arising Out of PS. Case No.-231 Year-2018 Thana- DESARI District- Vaishali ====================================================== 1.

Arjun Paswan son of Late Jokhi Paswan 2.

Ganesh Paswan son of Jagdeo Paswan 3.

Suresh Paswan son of Sitaram Paswan All are resident of village- Taiyabpur, P.S.- Desari, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rina Sinha, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

This application under Section 438 of the Code of Criminal Procedure has been filed for grant of pre-arrest of bail to the petitioner, who apprehends his arrest in connection with Desari P.S.Case No.231 of 2018 registered inter alia under Section 307 of the Indian Penal Code.

The prayer for grant of pre-arrest bail of the petitioner was earlier rejected by this Court vide order dated 16.01.2019 passed in Cr. Misc. No.2132 of 2019.

It is submitted by the learned counsel for the petitioner that three accused persons, namely, Baiju Paswan,

Patna High Court CR. MISC. No.41474 of 2019(2) dt.10-07-2019 2/2 Mohan Paswan and Rajesh Paswan having identical allegation to that of the petitioner have already been granted pre-arrest bail vide order dated 22.04.2019 passed in Cr.Misc. No.2641 of Learned counsel for the State does not dispute the fact that the allegation against the petitioner and co-accused Baiju Paswan, Mohan Paswan and Rajesh Paswan are identical. In view of the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Vaishali at Hajipur in connection with Desari P.S. Case No.231 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md. S/- U T