Bino Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33917 of 2017 Arising Out of PS.Case No. -99 Year- 2005 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Bino Paswan s/o Late Dorik Paswan

2. Lal Babu Paswan S/o Bino Paswan

3. Mangal Paswan S/o Bino Paswan All are residents of village- Madhpur, P.S. Bibhutipur, Distt. Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jay Prakash Sharma For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-07-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in connection with S. Tr. No. 30 of 2006 arising out of Bibhutipur P.S. Case No. 99 of 2005 instituted for the offence under Sections 302, 120(B)/34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that in course of the trial they have been summoned under Section 319 Cr.P.C. Initially no chargesheet was submitted against them and they are ready to co-operate in the trial and will not abscond. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order,

Patna High Court Cr.Misc. No.33917 of 2017 (2) dt.21-07-2017 2/2 shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with S. Tr. No. 30 of 2006 arising out of Bibhutipur P.S. Case No. 99 of 2005 to the satisfaction of learned Addl. District and Sessions Judge, Rosera, Samastipur subject to condition as laid down under Section 438(2) of the Cr.P.C. with further conditions (i) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (ii) petitioners shall co-operate 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 petitioner and (iii) 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) sushma/- U T