Pawan Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8153 of 2018 Arising Out of PS. Case No.-360 Year-2017 Thana- FATUHA District- Patna ======================================================

1. Pawan Kumar, S/o Bindeshwar Paswan,

2. Rajdeo Paswan S/o Raman Paswan,

3. Dhanesh Paswan @ Dhunesh Paswan, S/o Late Chaneshwar Paswan, All R/o Village- Mustafapur, P.S.- Fatuha, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar No.1 For the Opposite Party/s :

Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Fatuha P.S. case no. 360 of 2017 instituted for the offence under Section(s) 354(D), 307, 341, 323, 504/34 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioners has submitted that there is no injury sustained by anybody. From the written report itself it is apparent that there was no injury caused to anybody. In the written report it is alleged that these petitioners tried to misbehave with the informant while she was going for tuition. It is mentioned in para 3 of the bail petition that petitioners have no criminal antecedents.

Patna High Court Cr.Misc. No.8153 of 2018(3) dt.11-04-2018 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Fatuha P.S. case no. 360/17, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Patna City, Patna 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) petitioners 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 petitioners and (3) if petitioners tamper 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 petitioners.

(Sanjay Priya, J) shyambihari/- U T