Ganaur Kumar Paswan @ Raju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47946 of 2017 Arising Out of PS.Case No. -20 Year- 2016 Thana -MUZAFFARPUR RAIL P.S. District- SARAN ======================================================

1. Ganaur Kumar Paswan @ Raju Paswan, S/o Naresh Paswan, R/oDhodiratan (Dhodhyralah), P.S.- Kudhni, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Sharma For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Muzaffarpur Rail P.S. Case No. 20 of 2016 instituted for the offence under Sections-435 & other minor Sections of the Indian Penal Code and Section-27 of the Arms Act as well as Sections-15, 17, 20 of the UAP Act. It has been submitted that the petitioner is not named in the first information report. His name has been disclosed by three persons namely, Gulab Chand Ram, Ajit Kumar and Ajay Sahni who were apprehended by police. The learned Sessions Judge has also mentioned in the impugned order that name of this petitioner has been disclosed by the persons who have been arrested by the police as mentioned in paragraph-27 of the case diary.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event

Patna High Court Cr.Misc. No.47946 of 2017 (2) dt.17-10-2017 2/2 of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Muzaffarpur Rail P.S. Case No. 20 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate (Rail), Sonepur, Saran subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if 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.

(Sanjay Priya, J) A.K.V./- U T