Patna High CourtCR. MISC./19377/2018rejected

Amar Paswan And ANR v. The State Of Bihar

2018-04-05Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.19377 of 2018 (2) dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19377 of 2018 Arising Out of PS.Case No. -62 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================

1. Amar Paswan, S/o Dinesh Paswan

2. Viru Paswan, S/o Late Rameshwar Paswan, Both R/o Village- Karhatiya Bujurg, P.S.- Goraul, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satya Prakash Sinha For the Opposite Party/s Mr. Anil Kumar Singh I ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 05.04.2018 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Goraul P. S. (Karhara O.P) case no. 62/2016 registered under sections 147, 148, 149, 341, 323, 324, 354, 379, 435, 504 and 506 of the Indian Penal Code.

There is allegation against the petitioners that they along with others assaulted the informant and others and subsequently, co-accused set the informant's house on fire. Submission on behalf of the petitioners is that petitioners are agnates of the informant and, as a matter of fact, no such occurrence had taken place. Moreover, parties

Patna High Court Cr.Misc. No.19377 of 2018 (2) dt.05-04-2018 have already entered into compromise.

Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioners and accordingly, prayer for anticipatory bail of the petitioners stands rejected.

However, petitioners are directed to surrender before the court below within six weeks from today and if they do so and file regular bail application before the court below, the learned court below shall pass appropriate order on the regular bail application of the petitioners on the same day taking note of compromise petition.

shahid (Hemant Kumar Srivastava,J) U T