Naren Paswan @ Naren Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79111 of 2019 Arising Out of PS. Case No.-186 Year-2018 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.
NAREN PASWAN @ NAREN KUMAR, Male, aged about 19 years, son of Shree Paswan.
2.
Rakesh Paswan, Male, aged about 24 years, son of Shree Paswan. 3.
Amod Paswan, Male, aged about 22 years, son of Motilal Paswan. 4.
Prem Paswan, Male, aged about 18 years, son of Motilal Paswan All are resident of Village - Bangari, P.O. and P.S.- Pipra Kothi, District- East Champaran ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pravin Kumar For the Opposite Party/s :
Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Pipra Kothi P.S. Case No. 186 of 2018, registered for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 353/504 of the Indian Penal Code. As per the F.I.R., the Police party proceeded for patrolling to investigate the case of Pipra Kothi P.S. Case No. 185 of 2018. At that time, the accused persons holding different weapons came and surrendered the Police party. Specific allegation has been made against petitioner no.2 to have caused
Patna High Court CR. MISC. No.79111 of 2019(2) dt.11-12-2019 2/3 injury to the Police party by knife and petitioner no.1 has snatched the key of the vehicle from the police party. No specific allegation has been made against the petitioner nos. 3 and 4.
Considering the aforesaid fact, let the above-named petitioner nos. 3 and 4, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Pipra Kothi P.S. Case No.186 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner nos. 3 and 4, for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.
So far the bail of petitioner nos. 1 and 2 is concerned, the same is rejected. However, if the petitioner nos. 1 and 2 surrender before the Court below within four weeks from
Patna High Court CR. MISC. No.79111 of 2019(2) dt.11-12-2019 3/3 today and pray for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court.
(Shivaji Pandey, J) pawan/- U T