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Patna High CourtCR. MISC./25513/2018bail granted

Kishore Paswan @ Ram Kishore Paswan And ORS v. The State Of Bihar

2018-05-02Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25513 of 2018 Arising Out of PS.Case No. -315 Year- 2014 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kishore Paswan @ Ram Kishore Paswan, son of Late Akaloo Paswan,

2. Arun Paswan,

3. Anil Paswan, Both sons of Kishore Paswan @ Ram Kishore Paswan All resident of Village- Nurulaha Naya Tola, P.S. Shikarganj, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Nityanand, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-05-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Pakaridayal P.S. Case No. 315 of 2014 instituted for the offence under Sections 323, 324, 380, 452, 354, 304 and 506 of the Indian Penal Code. It has been submitted that occurrence is said to have taken place on 24.09.2014 and Complaint Case before the court below has been lodged on 27.11.2014 i.e. after lapse of two months having no explanation for such delay. It has further been submitted that both parties are agnates and there is land dispute between them. There is general and omnibus allegation against the petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of

Patna High Court Cr.Misc. No.25513 of 2018 (2) dt.02-05-2018 2/2 surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Pakaridayal P.S. Case No. 315 of 2014, 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 Sub Divisional Judicial Magistrate, Sikarhna, Distt. East Chamapran, 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