Patna High CourtCR. MISC./24027/2016disposed

Dhuri Paswan And ORS v. The State Of Bihar

2016-05-30Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24027 of 2016 Arising Out of PS.Case No. -51 Year- 2016 Thana -BIND District- NALANDA (BIHARSHARIFF) ======================================================

1. Dhuri Paswan Son of Arjun Paswan

2. Kunal Paswan Son of Krishna Paswan

3. Shankar Paswan Son of Krishna Paswan

4. Bikash Paswan Son of Sindhu Paswan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumari Sujata Sinha, Advocate For the Opposite Party/s : Mr. Surendra Pd.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307, 337, 435, 504/34 of the Indian Penal Code. Prosecution case is that in the background of dispute with regard to flow of the drainage the accused persons came variously armed and assaulted the informant.

It is submitted by learned counsel for the petitioners that in the bona fide land dispute the accusation has been levelled. There is counter version of the occurrence also. The informant has not received any grievous injury. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal

Patna High Court Cr.Misc. No.24027 of 2016 (2) dt.30-05-2016 2/2 antecedent.

Considering the aforesaid facts, let the above named petitioners be released on provisional anticipatory bail for three months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-VI, Nalanda at Biharshariff, in connection with Bind P.S. Case No.51/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioners shall be confirmed by the learned court below on verification of the fact that informant's side have not received any grievous injury, but if it is found that the informant's side have received grievous injury, then the petitioners shall surrender and pray for regular bail.

(Dinesh Kumar Singh, J) Ashwini/- U T