Chandan Paswan @ Chandan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23512 of 2018 Arising Out of PS.Case No. -251 Year- 2016 Thana -MITHANPURA District- MUZAFFARPUR ======================================================

1. Chandan Paswan @ Chandan Kumar, S/o Rajendra Paswan, R/o Mithanpur Lala, Mushari, P.S.- Mithanpura, District- Muzaffarpur.

2. Babloo @ Babloo Kumar @ Abhishek Kumar, S/o Shivnarayan Paswan, R/o Near North Point School, Mithanpur Lala, P.S.- Mithanpura, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar, Advocate. For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-04-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Mithanpura P.S. Case No. 251 of 2016, G.R. No. 4288 of 2016 instituted for the offence under Sections 147, 148, 149, 342, 353, 332, 333, 189, 285 of the Indian Penal Code and Sections 3, 4 and 5 of the Essential Services Act.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against all accused persons including petitioners. It has further been submitted that other coaccused persons with similar allegation have already been granted anticipatory bail by a coordinate Bench of this Court vide order

Patna High Court Cr.Misc. No.23512 of 2018 (2) dt.20-04-2018 2/2 dated 15.06.2017 passed in Cr. Misc. 18069 of 2017 (Annexure-2) 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 Mithanpura P.S. Case No. 251 of 2016, G.R. No. 4288 of 2016, 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 Sub Divisional Judicial Magistrate, East, Muzaffarpur, 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/- U T