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Patna High CourtCR. MISC./56076/2018bail granted

Jitendra Paswan And ANR v. The State Of Bihar

2018-10-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56076 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- NAVINAGAR District- Aurangabad ======================================================

1. Jitendra Paswan

2. Pappu Paswan Both are sons of Vifan Paswan @ Vifan Ram, resident of Village- Bagha Dabar, P.S.- Nabinagar, DistrictAurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh For the Opposite Party/s :

Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354, 435, 353, 332, 333, 379, 427, 504 and 120B of the Indian Penal Code.

The prosecution case, in short, is that on account of accident, when the informant along with other police personnel reached the place of occurrence, a mob has blocked the road and attacked on them due to which they sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.56076 of 2018(2) dt.09-10-2018 2/2 petitioners. The petitioner has falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. Other coaccused was granted anticipatory bail vide Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. I, Aurangabad in connection with Nabinagar P.S. Case No. 47/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T