Pramod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13190 of 2018 Arising Out of PS.Case No. -173 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ====================================================== Pramod Paswan, S/o Baleshwar Paswan, R/o Village- Umedpur, P.S.- Tajpur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Choudhary, Advocate. For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Tajpur P.S. Case No. 173 of 2017 instituted for the offence under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is case and counter case between the parties. Petitioner has lodged Tajpur P.S. Case No. 178 of 2017 for the same date of occurrence against the informant and others.

In the written report allegation against this petitioner is that he assaulted son of the informant namely, Dev Kumar Paswan with iron rod on his head.

Learned Sessions Judge has mentioned in the impugned order that Doctor has found simple injury on the person

Patna High Court Cr.Misc. No.13190 of 2018 (3) dt.11-04-2018 2/2 of the son of the informant.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Tajpur P.S. Case No. 173 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Samastipur, subject to the conditions as laid down under Section 438 (2) 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) S.Ali/- U T