Kamal Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20220 of 2016 Arising Out of PS.Case No. -146 Year- 2015 Thana -KHAJAULI District- MADHUBANI ======================================================
1. Kamal Paswan Son of Ram Chandra Paswan,
2. Jawahar Paswan @ Jawahir Paswan Son of Ram Swaroop Paswan.
3. Shankar Paswan @ Shankar Kumar Paswan Son of Uttim Paswan.
4. Heera Lal Paswan son of Ram Swaroop Paswan, null
5. Uttim Paswan son of Ram Swaroop Paswan,
6. Mannay Paswan @ Maheshwar Paswan son of Tetar Paswan, All Resident of Village- Dostpur, P.S.- Khajauli, District- Madhubani. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Md. Ansural Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-05-2016 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Khajauli P.S.Case No. 146/2015, disclosing offences under sections 147, 341, 323, 324, 307, 379, 447, 504 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that for an occurrence alleged to have taken place on 2.10.2015, Fard Beyan was recorded on 12.10.2015 and the First Information Report was registered on 18.10.2015. Such delay in recording of the Fard Beyan and lodging of the F.I.R. itself creates a serious doubt over veracity of the prosecution case. He has further
Patna High Court Cr.Misc. No.20220 of 2016 (2) dt.20-05-2016 submitted that the daughter of petitioner no.1 has lodged an F.I.R. on 09.10.2015 implicating nephew and the brother of the informant and this is the reason why the present F.I.R. came to be lodged after lodging of the F.I.R. by the daughter of petitioner no.1. It has been stated that the petitioners have no criminal antecedent and all of them belong to the same family. Considering the submissions, as above, this application is allowed.
Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, 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 the Judicial Magistrate, 1st Class, Madhubani in Khajauli P.S.Case No. 146/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Surendra/- U
Patna High Court Cr.Misc. No.20220 of 2016 (2) dt.20-05-2016