Patna High CourtCR. MISC./5382/2016bail granted

Kant Kumar Paswan And ORS v. The State Of Bihar

2016-03-08Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5382 of 2016 Arising Out of PS.Case No. -133 Year- 2015 Thana -KEOTI District- DARBHANGA ======================================================

1. Kant Kumar Paswan, son of Late Anirudh Paswan.

2. Gautam Paswan @ Gautam Kumar Paswan, son of Late Anirudh Paswan.

3. Asesar Paswan, son of Raghunandan Paswan

4. Anil Paswan, Son of Aseshwar Paswan

5. Sunil Paswan, Son of Aseshwar Paswan

6. Sudhir Paswan, Son of Aseshwar Paswan All are resident of village- Majhigama, Police Station- Keoti, District- Darbhanga. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Girish Chandra Jha For the Opposite Party : Mr. Khurshid Anwar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-03-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

Patna High Court Cr.Misc. No.5382 of 2016 (2) dt.08-03-2016 2/3 This application for grant of anticipatory bail arises out of Keoti P.S. Case No. 133 of 2015, disclosing offences under sections, 147, 149, 341, 323, 307, 504 & 506 of the Indian Penal Code.

At the very outset learned counsel for the petitioners informs that petitioner No.4 has been arrested during the pendency of this application.

This application, accordingly, stands dismissed as having become infructuous, so far it relates to petitioner no.4. Learned counsel for the petitioners submits that there is no specific allegation of assault against the present petitioners, though they have been named in the First Information Report. He further submits that Chhedi Paswan, against whom there is allegation of assault, has been granted anticipatory bail by this Court by order dated 11.02.2016 passed in Criminal Miscellaneous Case No. 6577 of 2016.

I find substance in the submission made on behalf of the petitioners that their case is on better footing than the case of such Chhedi Paswan.

Considering the facts and circumstances of the case, this application is allowed.

Let the petitioners No. 1, 2, 3, 5 & 6, abovenamed,

Patna High Court Cr.Misc. No.5382 of 2016 (2) dt.08-03-2016 3/3 in the event of their arrest/surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Amit Kumar, Judicial Magistrate, 1st Class, Darbhanga in connection with Keoti P.S. Case No. 133/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioners shall present themselves before the police/court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Rajiv/- U