Patna High CourtCR. MISC./50867/2016bail granted

Sanjay Paswan And ANR v. The State Of Bihar

2016-12-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50867 of 2016 Arising Out of PS.Case No. -69 Year- 2016 Thana -KHIJARSARAI District- GAYA ======================================================

1. Sanjay Paswan son of Rajendra Paswan

2. Jitendra Chaudhary son of Late Jagarnath Chaudhary both residents of village - Hemara, P.S. - Khizarsarai, Dist Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2016 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending his arrest in a case registered under Section xxxx of the Indian Penal Code. The prosecution case, in brief, is that the informant received confidential information that the idol was not able to cross since Md. Javed constructed stairs encroaching on the pathway. Thereafter the informant along with other police force reached at the P.O., then the accused persons including the petitioners and mob of 150 people started pelting stones, as a result of which they received injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.50867 of 2016 (2) dt.02-12-2016 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. No specific allegation has been made against the petitioners. General and omnibus allegation has been made. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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. 3rd, Gaya in connection with Khizarsarai P.S. case No.69 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T