Radhey Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26832 of 2016 Arising Out of PS.Case No. -32 Year- 2016 Thana -LAXMIPUR District- JAMUI ======================================================

1. Radhey Paswan son of Late Gajo Paswan.

2. Banarsi Paswan son of Sri Radhey Paswan.

3. Sharwan Paswan son of Sri Radhey Paswan.

4. Awdhesh Paswan son of Sri Radhey Paswan.

All resident of village- Chinberia, P.S.- Laxmipur, District- Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-08-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 147/148/ 149/341/323/324/307 and 504 of the Indian Penal Code. Diary in this case was called for earlier which has since been received.

Learned counsel for the petitioners submits that there was case and counter case between the parties. Both the parties have received injuries. Chargesheet in the present case has been filed in which the case has been found to be under Section 308 of the Indian Penal Code and not under Section 307 of the Indian Penal Code.

Patna High Court Cr.Misc. No.26832 of 2016 (3) dt.12-08-2016 P2/2 Having considered all facts and circumstances of the case and after hearing learned counsel for the informant who has resisted the application and stated that the injuries on the other side is grievous whereof that of the petitioner was simple. However, learned counsel for the petitioner submits that these petitioners are not having criminal antecedent and, therefore, may be extended the privilege of anticipatory bail. In the facts and circumstances of the case and also the submissions made by learned counsel for the petitioners, let the petitioners above named, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Jamui in connection with Laxmipur P.S. Case No. 32/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T