Jagarnath Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12411 of 2018 Arising Out of PS.Case No. -238 Year- 2017 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================
1. Jagarnath Paswan, son of late Mosaheb Paswan
2. Sushila Devi, wife of Jagarnath Paswan
3. Shravindra Paswan @ Shariban Kumar @ Sharbin Kumar, son of Jagarnath Paswan
4. Rita Devi, wife of Raj Kapoor Paswan
5. Anupam Kumari, daughter of Jagarnath Paswan All residents of village Raghu Asoi, P.S. Bhagwanpur, Distt. Vaishali .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate. For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Bhagwanpur P.S. Case No. 238 of 2017 instituted for the offence under Sections 341, 323, 324, 307, 504 and 379/34 of the Indian Penal Code. In the written report it is alleged that petitioner No. 1 assaulted the son of the informant with Garansa with intention to kill him and he fell down. Thereafter, other petitioners assaulted the son of the informant with various weapons.
The injury report has been enclosed as Annexure-3 which shows that son of the informant sustained lacerated wound 2" on left parietal region of skull. The Doctor has opined the injury to be simple in nature.
Patna High Court Cr.Misc. No.12411 of 2018 (2) dt.28-02-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bhagwanpur P.S. Case No. 238 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Vaishali at Hajipur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T