Surendra Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34922 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -PARASBIGHA District- JEHANABAD ======================================================
1. Surendra Paswan, son of Rambarat Paswan,
2. Sadhu Saran Paswan, son of Rambarat Paswan,
3. Ramniwas Paswan, son of Ram Ishwar Paswan, all R/o Jamuawan, P.S.- Parasbigha, District- Jehanabad.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-08-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Parasbigha P.S. Case No.52 of 2017 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 325, 307, 335, 504 Indian Penal Code.
It has been submitted that there is case and counter case between the parties. Sadhu Saran Paswan-Petitioner no.2 has lodged First Information Report against the informant of this case and others bearing Parasbigha P.S. Case No.54 of 2017 for the offence under Section(s) 307 and other allied sections of the Indian Penal Code.
It has further been submitted that in the instant case all the injured have sustained simple injures and only one of the
Patna High Court Cr.Misc. No.34922 of 2017 (2) dt.09-08-2017 2/2 injury of Krishna Paswan was found to be grievous, which is on the little finger of the right hand. Injury reports have been annexed as Annexure-3 series.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Parasbigha P.S. Case No.52 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 the Judicial Magistrate, 1st class, Jehanabad, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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.