Nami Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4265 of 2017 Arising Out of PS.Case No. -26 Year- 2016 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Nami Paswan, S/o Late Jaleshwar Paswan,
2. Bideshi Paswan, S/o Nami Paswan, Both Resident of VillageParsurampur, P.S.-Palanwa, District-East Champaran. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor.
The petitioners pray for anticipatory bail in connection Palanwa PS case no. 26 of 2016 registered for the offences punishable under sections 188, 353, 504, 387/34 of Indian Penal Code.
It is submitted on behalf of petitioners that petitioners have constructed a house over the land in question prior to the order passed under Section 146 of Code of Criminal Procedure and a Title Suit is also pending with respect to that but they have not changed the nature of the suit and they only live on that land but the informant, in collusion with others, has lodged
Patna High Court Cr.Misc. No.4265 of 2017 (2) dt.10-02-2017 2/2 this false case.
Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail.
Having heard both sides. Considering the facts stated above, let the petitioners be surrender before the court below and pray for regular bail and the Court below, after considering the fact that the land is ancestral property of the petitioners and construction of the house is from before and now there is also an order under Section 146 of Code of Criminal Procedure, will dispose of the prayer of the petitioners preferably on the same day.
With these observations, this bail application is disposed of.
(Vinod Kumar Sinha, J.) rinkee/- U T