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Patna High CourtCR. MISC./5030/2015bail granted

Sheet Paswan And ANR v. The State Of Bihar

2015-02-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5030 of 2015 Arising Out of PS.Case No. -137 Year- 2009 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Sheet Paswan Son of Late Jugeshwar Paswan

2. Sanjay Paswan son of Jaleshwar Paswan Both Resident of village - Chakyai, P.S. Desari, Distt. - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate. For the Opposite Party/s : Mr. Rajendra Singh Shastrijee (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2015 Heard both sides.

The petitioners apprehend their arrest in Desari P.S. Case No. 137 of 2009, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and under Section 5/6 of the Essential Service Notification Act. Learned counsel for the petitioners submits that the petitioners are named in the FIR and no specific allegation is alleged against them. Many villagers assembled at the place of occurrence and they were protesting against the killing of a villager. On similar facts Ramu Paswan and 13 others who are also named in the FIR have already been granted anticipatory bail vide order passed in Cr. Misc. No. 35011 of 2013.

Patna High Court Cr.Misc. No.5030 of 2015 (2) dt.05-02-2015 It appears that the names of the petitioners are mentioned in the FIR, but no specific allegation is made against them. Ramu Paswan and 13 others who are also named in the FIR have already been granted anticipatory bail and the case of the petitioners stands on the same footing.

Considering the facts aforesaid, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Desari P.S. Case No. 137 of 2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T