Patna High CourtCR. MISC./68471/2018bail granted

Indradeo Paswan And ORS v. The State Of Bihar

2018-12-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68471 of 2018 Arising Out of PS. Case No.-4 Year-2018 Thana- MAHILA P.S. District- Sheikhpura ======================================================

1. Indradeo Paswan Son of late Ramjee Paswan

2. Shiv Paswan Son of late Ramjee Paswan

3. Sudhir Paswan Son of Indradeo Paswan All are Resident of Village Dariyachak, P.S. Barbigha, District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 354, 504, 506/34 of the Indian Penal Code.

All the sections except section 379 and 384 of the Indian Penal Code are bailable in nature. The written report of the informant goes to show that the alleged occurrence took place on account of land dispute. However, petitioner no. 1 has also lodged case against the prosecution party for the offence under sections 402, 323, 504, 506, 307/34 of the Indian Penal Code. So far as section 379 and 384, the same appears to be

Patna High Court Cr.Misc. No.68471 of 2018(2) dt.17-12-2018 2/2 superficial in nature and it appears that the said offences have been inserted just to make offence more graver. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Sheikhpura in Sheikhpura Mahila P.S. Case No. 4 of 2018 subject to condition as laid down under Section 438(2) of the Cr.P.C.

N.K/- (Hemant Kumar Srivastava, J) U T