Patna High CourtCR. MISC./42328/2016bail granted

Ramesh Paswan @ Ramesh Kumar Paswan v. The State Of Bihar

2016-10-06Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42328 of 2016 =====================================

1. Ramesh Paswan @ Ramesh Kumar Paswan, S/o Late Deo Narayan Paswan, R/o Baurni, P.S.- Dandkhora, Distt.- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Adv. For the Opposite Party/s : Mr. Ram Naresh Ray, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Dandkhora P.S. Case No. 44 of 2016, disclosing offences under Sections 147, 148, 149, 323, 325, 307, 353, 337, 338, 427 and 120(B) of the Indian Penal Code.

The allegation is that the villagers were intending to damage a diversion made for the purpose of

Patna High Court Cr.Misc. No.42328 of 2016 (2) dt.06-10-2016 2/3 construction of a road, as they were opposed to it. Allegedly, nearly 100-120 persons were involved in the occurrence and on intervention of the police, retaliated and attacked the police party, whereby some of the police party received injuries.

Learned counsel for the petitioner has submitted that the only allegation against the petitioner is of provoking the mob that too on the basis of information received from others. He has further submitted that the petitioner has no criminal antecedent.

Considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Dandkhora P.S. Case No. 44 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event

Patna High Court Cr.Misc. No.42328 of 2016 (2) dt.06-10-2016 3/3 of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/-c U T