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Patna High CourtCR. MISC./55571/2017bail granted

Bal Ram Paswan @ Bali Ram Paswan And ANR v. The State Of Bihar

2017-11-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55571 of 2017 Arising Out of PS.Case No. -468 Year- 2017 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Bal Ram Paswan @ Bali Ram Paswan,

2. Dhanesh Paswan, both sons of late Rameshwar Paswan, R/o VillageShree Narayan Nagar Relly, P.S.- Hilsa, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 23-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Hilsa P.S. Case No.468 of 2017 instituted for the offence under Section(s) 379 Indian Penal Code.

Counsel for the petitioners has submitted that mere suspicion has been raised against the petitioners in the written report. Both petitioners have clean antecedents. There is no recovery of any cattle from the possession of these petitioners. It has further been submitted that wife of petitioner no.2 has filed Complaint Case No.436-C of 2017 against the informant and others and the instant case has been filed as a

Patna High Court Cr.Misc. No.55571 of 2017 (2) dt.23-11-2017 2/2 counter blast.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Hilsa P.S. Case No.468 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa, 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.