Patna High CourtCR. MISC./58392/2017partly allowed disposal

Krishna Paswan And ORS v. The State Of Bihar

2017-12-12Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58392 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -MANSI District- KHAGARIA ======================================================

1. Krishna Paswan S/o Janardan Paswan

2. Santosh Paswan S/o Janardan Paswan

3. Sanjay Paswan S/o Shivnath Paswan All are residents of Village - Ekaniya, P.S. - Mansi, District - Khagaria. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection Mansi P. S. Case No. 19 of 2017 registered under Sections 147, 149, 342, 323, 379, 504, 406 and 307/34 with of the Indian Penal Code.

Regard being had to the omnibus and general allegation made against petitioner no. 1 Krishna Paswan and petitioner no. 3 Sanjay Paswan, they are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.58392 of 2017 (2) dt.12-12-2017 2/2 satisfaction of learned Chief Judicial Magistrate, Khagaria in Mansi P. S. Case No. 19 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

So far as petitioner no. 2 Santosh Paswan is concerned, since there is specific allegation against him that he caused serious injury to the informant and one another person, I am not inclined to grant him pre-arrest bail. Accordingly, his application for grant of pre-arrest bail is rejected. However, in case petitioner no. 2 Santosh Paswan surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J.) Kanchan/- U T