Patna High CourtCR. MISC./37989/2016bail granted

Shivasharay Prasad @ Shivasharay Prasad Paswan And ANR v. The State Of Bihar

2016-09-23Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37989 of 2016 Arising out of P.S. Case No. -315 Year- 2016 Thana - DIHRINAGAR District- SASARAM (ROHTAS) ==============================================

1. Shivasharay Prasad @ Shivasharay Prasad (Paswan) S/o Late Ramkrit Ram, Resident of Village - Khawania, P.S.- Agrer District- Rohtas.

2. Sanjay Paswan, @ Sanjay Kumar Paswan S/o Updesh Paswan, Resident of Village- Sakhara, P.S.- Dehri, DistrictRohtas. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party.

============================================== Appearance :

For the Petitioner/s : Mr. Ajay Nandan Sahay, Advocate. For the Informant : Mr. Ashok Kumar Pandey, Advocate. For the State : Mr. Shantanu Kumar, APP. ============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER

02. 23.09.2016 Heard learned counsel for the petitioners, Informant and the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 448, 436 and 427/34 of the Indian Penal Code.

It is contended that petitioner no. 1 is the brother-in-law (Sala) and the petitioner no. 2 is the brother-in-law (Bahnoi) of the accused, Dinanath Paswan with whom the informant is in inimical terms due to the land dispute. In support of that

Patna High Court Cr.Misc. No.37989 of 2016 (2) dt.23-09-2016 petitioners have appended Annexure-2, which is the order passed by the Sub-divisional Officer, Dehri, Rohtas in a proceeding under Section 144 Cr.P.C. It is further contended that since the petitioners happened to be the relatives of the accused Dinanath Paswan, they have falsely been roped up in the matter. Having regard to the facts and circumstances of the case, let the petitioners, namely, Shivasharay Prasad @ Shivasharay Prasad (Paswan) and Sanjay Paswan @ Sanjay Kumar Paswan be released on bail in the event of their arrest/surrender before the court below within a period of six weeks from today in connection with Dehri (T) P.S. Case No. 315/2016, on furnishing bail bonds of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

Vikash/- (Dr. Ravi Ranjan, J.) U T