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Patna High CourtCR. MISC./67383/2018partly allowed disposal

Prithawi Lal Paswan And ORS v. The State Of Bihar

2018-12-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67383 of 2018 Arising Out of PS. Case No.-248 Year-2018 Thana- TAJPUR District- Samastipur ======================================================

1. Prithawi Lal Paswan, Son of Late Bhalu Paswan

2. Ranjeet Paswan, Son of Late Murat Paswan

3. Jay Kisun Paswan

4. Dashrath Paswan, Both sons of Late Shubhlal @ Sublal Paswan,All Resident of Village - Chaklewaini, P.S.(Waini O.P.),Tajpur, Distt.-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Sachchidanand Choudhary, Advocate For the Opposite Party/s :

Md. Ashlam Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. At the very outset, it is pointed out on behalf of the petitioners that petitioner no. 1, namely, Prithawi Lal Paswan and petitioner no. 4, namely, Dashrath Paswan have already been arrested during the pendency of this application and their prayer for anticipatory bail has become infructuous. In view of the aforesaid submission, the prayer for anticipatory bail of petitioner no. 1, namely, Prithawi Lal Paswan and petitioner no. 4, namely, Dashrath Paswan stands dismissed being infructuous.

So far as petitioner no. 2, namely, Ranjeet Paswan and

Patna High Court Cr.Misc. No.67383 of 2018(2) dt.03-12-2018 2/2 petitioner no. 3, namely, Jay Kisun Paswan are concerned, the first information report does not reflect any specific overt act against them and it is not clear from the first information report, who had filed the so-called forged document in the proceeding. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner no. 2, namely, Ranjeet Paswan and petitioner no. 3, namely, Jay Kisun Paswan, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Samastipur in Tajpur (Waini) O.P. P.S. Case No. 248 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) Spd/- U T