Gaurav Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27811 of 2018 Arising Out of PS.Case No. -49 Year- 2016 Thana -DHARHARA District- MUNGER ======================================================
1. Gaurav Paswan Son of Iswar Paswan Resident of Village- Matadih, Police Station-Dharhra, District- Munger.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s : Sri Prem Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2018 Heard the parties.
The petitioner seeks anticipatory bail in connection with Dharhara P.S.Case No. 49 of 2016, registered for offences punishable under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act.
As per written report it is alleged that son of the informant was earlier released on bail, as he has old enmity with Sanjay Yadav and his brother and always gave threat to kill the son of the informant and thus the name of the petitioner transpired in this case.
Submission of the learned counsel for the petitioner is that except confession, there is nothing absolute against him and other co-accused have been granted privilege of anticipatory bail
Patna High Court Cr.Misc. No.27811 of 2018 (2) dt.11-05-2018 2/3 vide order dated 01.03.2017 passed in Cr. Misc. No. 2727 of 2017 and vide order dated 25.04.2017 passed in Cr. Misc. No. 15034 of 2017.
Learned A.P.P. opposes the prayer for bail .
Having heard both sides and in view of the facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- I, Munger in connection with Dharhara P.S.Case No. 49 of 2016, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure.
With following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
ii) The petitioner will not induce any witness or tamper with the evidence.
iii) The petitioner shall co-operate in the
Patna High Court Cr.Misc. No.27811 of 2018 (2) dt.11-05-2018 3/3 investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond.
(Vinod Kumar Sinha, J) Sudha/- U T