Patna High CourtCR. MISC./4749/2017dismissed

Kamlesh Paswan v. The State Of Bihar And ORS

2017-02-21Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4749 of 2017 Arising Out of PS.Case No. -464 Year- 2016 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Kamlesh Paswan, son of Sukhdeo Paswan, resident of village Amera Kharjama, P.S. Tharthari, District Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Babiya Devi, D/O Harinandan Paswan,

3. Karuna Devi, D/O Harinandan Paswan,

4. Mantu Paswan, son of Harinandan Paswan,

5. Vikram Kumar, son of Late Sudhir Paswan,

6. Vikky Kumar, son of Late Sudhir Kumar,

7. Chandan Paswan, son of Sanjay Paswan,

8. Kamindar Paswan, son of Jagdish Paswan,

9. Sanjay Paswan, son of Jagdish Paswan, All residents of Village Paharpura, P.S. Bihar District Nalanda.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-02-2017 Heard learned counsel for the parties.

The petitioner seeks cancellation of anticipatory bail allowed to Opposite parties No. 2 to 9 by order dated 14.12.2016 passed by the learned Additional Sessions judge-VI, Nalanda at Biharsharif, in ABP. No.2154 and ABP No. 2463 of 2016 arising out of Bihar P. S. Case No. 464 of 2016. The said Opposite parties are accused of commission of offence punishable under Sections 147,148,149,323,341,324,504,506,307,379 of the Indian

Penal Code.

From the impugned order, I find that the injuries were found to be simple in nature and the occurrence had taken place out of some family dispute. Exercise of discretion by the Court below granting bail to the Opposite parties cannot be said to be erroneous requiring interference by this Court. There is no proof of misuse of privilege of bail granted to the Opposite parties. This application has no merit and it is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) ArunKumar/-cs U