Bijendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45699 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -NARARI KALA KHURD DistrictAURANGABAD ======================================================

1. Bijendra Paswan, S/o Satyanarayan Paswan

2. Bigan Paswan, S/o Satyanarayan Paswan

3. Jaygovind Paswan, S/o Satyendra Paswan

4. Satyanarayan Paswan, S/o Mukar Paswan All R/o Village Khudwan, P.S. Narari Kala Khurd, District - Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate. For the Opposite Party/s : Mr. S. Ehteshamuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Narari Kala Khurd P.S. Case No. 22 of 2017 instituted for the offence under Sections 341, 323, 324, 325 and 307/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against the petitioners. There is admitted land dispute between the parties which would be apparent from the written report itself. The petitioners and informant are agnates (Gotiya). It has further been submitted that counter case has also been filed by petitioner No. 2 against the

Patna High Court Cr.Misc. No.45699 of 2017 (4) dt.13-11-2017 2/2 informant and other accused persons for the same date of occurrence.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Narari Kala Khurd P.S. Case No. 22 of 2017, 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 learned Chief Judicial Magistrate, Aurangabad, 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) S.Ali/- U T