Patna High CourtCR. MISC./61843/2018bail granted

Bali Paswan v. The State Of Bihar

2018-11-06Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61843 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- NAVINAGAR District- Aurangabad ====================================================== Bali Paswan son of Ramji Paswan, both resident of village-Bagha Dabur, P.S. Nabinagar, District Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Leelawati Kumari For the Opposite Party/s :

Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Nabinagar Town P.S. Case No. 47 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354, 435, 353, 332, 333, 379, 427 and 504 of the Indian Penal Code. Informant in his written report has stated that on account of death of person in a road accident, FIR named accused persons indulged in blocking road and assaulted many police personnel who had come to control the situation and their SLR Rifles were also looted by them.

It has been submitted on behalf of the petitioner that there is no allegation of any specific overt act against the petitioner. The injuries received by the police party are simple in nature. Similarly, situated co-accused persons have been granted

Patna High Court Cr.Misc. No.61843 of 2018(3) dt.06-11-2018 2/3 bail by co-ordinate benches of this Court vide orders dated 06.07.2018 in Criminal Miscellaneous No. 36572 of 2018, 29.06.2018 in Criminal Miscellaneous No. 36193 of 2018, 06.07.2018 in Criminal Miscellaneous No. 36609 of 2018, 03.08.2018 in Criminal Miscellaneous No. 39072 of 2018, 04.07.2018 in Criminal Miscellaneous No. 38678 of 2018, 04.07.2018 in Criminal Miscellaneous No. 38415 of 2018, 10.07.2018 in Criminal Miscellaneous No. 40408 of 2018, 17.07.2018 in Criminal Miscellaneous No. 40573 of 2018, 06.07.2018 in Criminal Miscellaneous No. 39142 of 2018, 09.07.2018 in Criminal Miscellaneous No. 38299 of 2018, 06.07.2018 in Criminal Miscellaneous No. 39225 of 2018, 10.07.2018 in Criminal Miscellaneous No. 38972 of 2018, 06.07.2018 in Criminal Miscellaneous No.

39254 of 2018, 16.08.2018 in Criminal Miscellaneous No. 41349 of 2018, 23.07.2018 in Criminal Miscellaneous No. 42008 of 2018, 13.08.2018 in Criminal Miscellaneous No. 45509 of 2018, 24.09.2018 in Criminal Miscellaneous No. 49216 of 2018, 10.09.2018 in Criminal Miscellaneous No. 49255 of 2018 and 05.09.2018 in Criminal Miscellaneous No. 53511 of 2018. Petitioner has got no criminal antecedent and is in custody since 28.02.2018.

Patna High Court Cr.Misc. No.61843 of 2018(3) dt.06-11-2018 3/3 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-Aurangabad in connection with Nabinagar Town P.S. Case No. 47 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the 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.

(S. Kumar, J) ranjan/- U