Motar Paswan @ Mohar Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50038 of 2017 Arising Out of PS.Case No. -124 Year- 2017 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Motar Paswan @ Mohar Paswan, son of late Ram Lal Paswan,
2. Ganesh Paswan, son of Janak Paswan,
3. Munnilal Paswan @ Munilal Paswan, son of Rajendra Paswan, all resident of village-Mananpur, P.S.-Govindganj, DistrictEast Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate, For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 17-11-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Govindganj P.S. Case No.124 of 2017 instituted for the offence under Section(s) 341, 323, 324, 307, 379, 504/34 Indian Penal Code. Counsel for the petitioner has submitted that there is case and counter case between the parties. Wife of Petitioner No.1 has lodged Govindganj P.S. Case No.125 of 2017 against the Informant and others. Both parties are agnates. There is allegation against Petitioner No.3 of assaulting the Informant with Farsa on head. There is general
Patna High Court Cr.Misc. No.50038 of 2017 (3) dt.17-11-2017 2/3 and omnibus allegation against Petitioner Nos.1 and 2. Case diary has been received. Injury report of the Informant is available at para 25 of the case diary, wherein, doctor has found injury on left parietal region of size 2" x 1⁄2"x 1⁄2", which was simple in nature caused by hard and blunt substance.
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 Govindganj P.S. Case No.124 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, 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
Patna High Court Cr.Misc. No.50038 of 2017 (3) dt.17-11-2017 3/3 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) JA/- U T