Patna High CourtCR. MISC./67899/2022bail granted

Awadhesh Paswan v. The State Of Bihar

2023-04-26Mr. Justice Sanjeev Prakash Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67899 of 2022 Arising Out of PS. Case No.-96 Year-2022 Thana- ADAPUR District- East Champaran ====================================================== 1.

AWADHESH PASWAN Son of Ganauri Paswan R/v- Dhabadhabwa, P.S.- Adapur, District- East Champaran, Motihari 2.

RANJEET PASWAN Son of Shrinivas Hajra R/v- Dhabadhabwa, P.S.- Adapur, District- East Champaran, Motihari ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate Mr. Dhananjay Kumar Gupta, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 26-04-2023 Heard learned counsel for the parties.

2. The petitioners are apprehending arrest in connection with Adapur P.S. Case No. 96/2022, registered on 19.03.2022, for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354B, 379 and 504 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that the name of the petitioners is not mentioned whereas 13 other persons' names have been mentioned in the FIR. The Petitioners are being sought to be made as an accused for extraneous reasons.

4. Learned APP opposes the prayer of anticipatory

Patna High Court CR. MISC. No.67899 of 2022(2) dt.26-04-2023 2/3 bail of the petitioners.

5. Taking into consideration the nature of allegations and specific allegations having been mentioned against the accused who are named in the FIR and the petitioners having not been named in the FIR, I am inclined to grant anticipatory bail to the above named petitioners in the event of arrest, subject to the conditions as laid down under Section 438(2) of the Cr. P.C., which are as under:- I. The petitioners shall cooperate with the investigation and make themselves available for interrogation whenever required;

II. The petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer;

III. The petitioners shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police; IV. The petitioners shall maintain law and order;

V. The petitioners shall, at the time of execution

Patna High Court CR. MISC. No.67899 of 2022(2) dt.26-04-2023 3/3 of the bond, furnish their address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case;

VI. The petitioners shall surrender their passport, if any, before the investigating officer within a week and, if he does not possess any passport, they shall file an affidavit to that effect before the investigating officer; and VII. The petitioners shall regularly remain present during the trial and cooperate the Court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) Ashwini/- Item No.69 U