Mohan Paswan And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.48380 of 2017 (3) dt.16-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48380 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -JAMHORA District- AURANGABAD ======================================================

1. Mohan Paswan, Son of Braj Mohan Paswan,

2. Shyam Sundar Paswan, Son of Braj Mohan Paswan,

3. Raju Paswan, Son of Kameshwar Paswan,

4. Vayas Paswan, Son of Lal Deo Paswan,

5. Upendra Paswan, Son of Lal Deo Paswan, All residents of VillageSimariya, P.S.- Jamhor, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Kamlesh Prasad Singh, Adv. For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-11-2017 Learned counsel for the petitioner at the very outset submitted that petitioner no.3 has been taken into custody, therefore, this application with respect to petitioner no.3 has now become infructuous.

In view of the submission, this application stands dismissed with respect to petitioner no.3 having been infructuous.

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Jamhor Police Station Case No. 54of 2013, disclosing

Patna High Court Cr.Misc. No.48380 of 2017 (3) dt.16-11-2017 offences under Sections 147, 148, 149, 323, 324, 504, 307, 448 and 379 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, an scuffle took place between the parties in which both the parties have sustained injuries and for that a case and counter case has been lodged by both of them. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on 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 Chief Judicial Magistrate, Aurangabad, in connection with Jamhor Police Station Case No. 54 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T