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Patna High CourtCR. MISC./68707/2018bail granted

Dashrath Paswan@ Dashrath Kumar And ORS v. The State Of Bihar

2019-02-01Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68707 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- PATEPUR DistrictVaishali ======================================================

1. Dashrath Paswan@ Dashrath Kumar son of Rajendra Paswan

2. Sanoj Paswan son of Madusudan Paswan

3. Santosh Paswan son of Late Yogendra Paswan

4. Sanju Paswan son of Bahadur Paswan All residents of Village Maura Khurd, P.S. Tajpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 IPC and under Section 27 of the Arms Act registered in connection with Patepur P.S. Case No. 66 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of admitted land dispute and there is case and counter case between the parties. The injuries are simple in nature. The petitioners claim clean antecedents.

4,.Learned APP assisted by learned counsel for the informant appearing suo motu oppose the anticipatory bail petition.

5. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of

Patna High Court Cr.Misc. No.68707 of 2018(3) dt.01-02-2019 2/2 learned ACJM X, Vaishali at Hajipur, in connection with Patepur P.S. Case No. 66 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T