Dinesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38632 of 2014 Arising Out of PS.Case No. -174 Year- 2013 Thana -PATEPUR District- VAISHALI(HAJIPUR) ====================================================== Dinesh Paswan son of Tulsi Paswan, Resident of Village-Milki Chakastha, Police Station-Mahua, District Vaishali at Hajipur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.44837 of 2014 Arising Out of PS.Case No. -174 Year- 2013 Thana -PATEPUR District- VAISHALI(HAJIPUR) ====================================================== Ranjan Kumar Son of Ram Lakhan Mahto resident of village- Milki Chakausa, P.S.- Mahua, District- Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 13-03-2015 Heard learned counsel for the parties as with regard to their prayer for anticipatory bail in connection with offences punishable under Sections-147, 149, 341 and 302 of the Indian Penal Code and Section-3(i) (x) of the S.C./S.T. Act.

Having regard to the nature of allegation against the petitioners being omnibus and the fact that the First Information Report came to be lodged after nine days of the occurrence, this Court would direct that if the

Patna High Court Cr.Misc. No.38632 of 2014 (2) dt.13-03-2015 petitioners namely, Dinesh Paswan and Ranjan Kumar, surrender within a period of four weeks from today, would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Patepur P.S. Case No. 174 of 2013 subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following conditions:- (i) That both the bailors will be close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the bailors shall also state on affidavit that they will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case

Patna High Court Cr.Misc. No.38632 of 2014 (2) dt.13-03-2015 and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of their bail on the ground of misuse.

(iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on the date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioners will be well represented on each and every date of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) Ranjan/- U