Yashwant Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 49025 of 2016 Arising Out of PS.Case No. -147 Year- 2016 Thana -ROHTAS District- SASARAM (ROHTAS) ======================================================
1. Yashwant Paswan
2. Basant Paswan, Both S/o Late Badri Paswan
3. Rakesh Kumar S/o Basant Paswan.
4. Akash Kumar @ Avkash Kumar S/o Yashwant Paswan.
5. Laxami Devi W/o Yashwant Paswan.
6. Kaushalya Devi W/o Basant Paswan.
7. Sarswati Kuer W/o Late Badri Paswan All resident of Vill- Thumha, P.S.- Rohtas, Districti- Rohtas. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Paswan For the Opposite Party/s : Mr. Nagendra Prasad Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
13-12-2016 Heard Sri Dharmendra Kumar Paswan, learned counsel for the petitioner, Sri Nagendra Prasad, learned Addl. Public Prosecutor as well as Sri Ramchandra Singh, learned counsel who has voluntarily appeared on behalf of informant. Seven petitioners, apprehending their arrest in Rohtas P.S. Case No. 147 of 2016 registered for offence under Sections 147, 148, 149, 341, 323, 324, 354, 307, 504 of the Indian Penal Code, have prayed for grant of anticipatory bail. It was submitted by learned counsel for petitioners that informant side were aggressor and they have committed several offences against the petitioners side and as such, on the
Patna High Court Cr.Misc. No.49025 of 2016 (2) dt.13-12-2016 2/2 basis of information given by petitioner no. 1, earlier an F.I.R., vide Rohtas P.S. Case No. 146 of 2016, was registered on 10-08-2016. Only thereafter, from the informant side, the present case was lodged, which was numbered as Rohtas P.S. Case No. 147 of 2016. It was submitted by learned counsel for petitioners that even in the F.I.R., there is general and omnibus allegation and dispute has arisen in between the parties in relation to a way (rasta).
Considering the nature of accusation and the fact that there was case and counter case in between the parties, in the event of arrest or surrender within a period of six weeks from today, let aforesaid seven petitioners namely 1. Yashwant Paswan,
2. Basant Paswan, 3. Rakesh Kumar, 4. Akash Kumar @ Avkash Kumar, 5. Laxami Devi, 6. Kaushalya Devi and 7. Sarswati Kuer 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 learned S.D.J.M., Dehri-on-Sone, Rohtas in connection with Rohtas P.S. Case No. 147 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) Anay U T