Sheshnath Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8911 of 2015 Arising Out of PS.Case No. -31 Year- 2014 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sheshnath Paswan Son of Late Basudeo Paswan

2. Rupesh Paswan Son of Rajvanshi Paswan Both residents of village - Barwa, P.S. Inarwa, District - West Champaran .... .... Petitioners

Versus

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

For the Petitioners : Mr. Umesh Chandra Verma, Advocate For the Opposite Party : Mrs. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 09-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Sheshnath Paswan and Rupesh Paswan, in connection with Inarwa Police Station Case No. 31 of 2014 under Sections 147/148/149/341/323/324/307/435/382 of the Indian Penal Code.

Perused the above application and materials on record including a copy of the order, dated 14.01.2015, passed, in A.B.P. No. 821 of 2014, by the learned Sessions Judge, West Champaran at Bettiah, dismissing the said application for pre-arrest bail. Heard Mr. Umesh Chandra Verma, learned Counsel for the petitioner, and Mrs. Veena Rai Prasad, learned Additional Public Prosecutor, appearing on behalf of the State.

Patna High Court Cr.Misc. No.8911 of 2015 (4) dt.09-07-2015 2/3 In view of the fact that perusal of record does not reveal any such incriminating materials against the petitioners, which would warrant their custodial detention and interrogation, this Court is of the view that the petitioners have been able to make out a case calling for appropriate direction for pre-arrest bail.

Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioners above-named shall, in the event of their arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties, each of the like amount, subject to the satisfaction of the Officer-in-Charge, Inarwa Police Station, West Champaran. This direction for bail is further subject to the condition that the petitioners above-named shall, within two weeks from today, appear before the Officer-in-Charge, Inarwa Police Station, West Champaran, and make themselves available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions.

Patna High Court Cr.Misc. No.8911 of 2015 (4) dt.09-07-2015 3/3 Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Inarwa Police Station, West Champaran. Send also a copy of this order, forthwith, to the Superintendent of Police, West Champaran at Bettiah, by fax. (I. A. Ansari, J) Pawan/- U T