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Patna High CourtCR. MISC./50348/2017bail granted

Manoj Paswan And ORS v. The State Of Bihar

2017-11-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50348 of 2017 Arising Out of PS.Case No. -155 Year- 2017 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Manoj Paswan, son of Lal Mohan Paswan,

2. Lal Mohan Paswan, son of late Sita Ram Paswan,

3. Laljee Paswan, son of late Sita Ram Paswan,

4. Anoj Paswan, son of Lal Mohan Paswan, All R/o Village- Chatra Mod, P.S.- Mufasil, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Dr. Leelawati Kumari, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 09-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Muffasil P.S. Case No.155 of 2017 instituted for the offence under Section(s) 341, 323, 325, 308/34 Indian Penal Code.

It has been submitted that both parties are Gotiyas. There is case and counter case between the parties. Petitioner No.3 has also lodged First Information Report against the Informant and others vide Muffasil P.S. Case No.156 of 2017. All the injuries found on the person of the injured of the instant case were found to be simple in nature.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.50348 of 2017 (3) dt.09-11-2017 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Muffasil P.S. Case No.155 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, Aurangabad, 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 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