Bhikhari Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45515 of 2018 Arising Out of PS.Case No. -258 Year- 2017 Thana -PIRO District- BHOJPUR ======================================================
1. Bhikhari Paswan, Son of Kailash Paswan, R/o Village Piro Gaon, Ward No. 13, District- Bhojpur.
2. Ravi Keshri, Son of Surendra Keshri, R/o Bihiya Road (PIRO), P.S.- Piro, Distt.- Bhojpur.
3. Sanni Keshri, Son of Rajendra Keshri.
4. Md. Javed Khan, Son of Mainuddin Khan
5. Md. Gabbar Khan Mamu, Son of Khalik, Sl No. 3 to 4 R/o Village Piro, P.S. Piro
6. Shamim Khan, Son of Mahajukhan, null
7. Khairati Khan, Son of Safrulla Khan,
8. Neyaz Driver @ Neyaz Akhtar, Son of Tun Tun Khan
9. Suldhan Pandey, Son of Rajendra Pandey,
10. Bablu Rain, Son of Wahid Rain, Serial Nos. 6 to 10 R/o Village and P.S.- Piro, Distt. Bhojpur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiv Prasad Gupta, Advocate. For the Opposite Party/s : Mr. Amit Kumar Rakesh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Piro P.S. Case No. 258 of 2017 instituted for the offence under Sections 147, 148, 149, 120(B), 295A, 153A, 188, 353, 307, 323, 341, 504, 506, 379, 436, 427/34 of the Indian Penal Code and Section 27 of the Arms Act. Counsel for the petitioners has submitted that there is general and omnibus allegation against the petitioners. It has further been submitted that other co-accused persons with similar allegation have already been granted anticipatory bail by co-ordinate Bench of
Patna High Court Cr.Misc. No.45515 of 2018 (2) dt.13-08-2018 2/2 this Court vide order dated 31.01.2018 passed in Cr. Misc. 63053 of 2017.
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 Piro P.S. Case No. 258 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, Bhojpur, Ara, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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/- Rohit Kr.
U T