Subodh Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31028 of 2016 Arising Out of PS.Case No. -431 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Subodh Paswan, son of Udgar Paswan.
2. Ashok Paswan, son of Late Kamleshwari Paswan.
3. Ranjan Paswan, son of Ram Vichar Paswan.
All Resident of Village- Sankh Navtoliya, P.S.- Muffasil, DistrictBegusarai. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party : Mr. Bhanu Pratap Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-08-2016 Heard the counsel for the petitioners and Mr. Bhanu Pratap Singh, APP for the State.
The petitioner(s) pray for anticipatory bail in Begusarai Muffasil P.S. Case No.431 of 2015 registered under Sections 147,148,149,323,504,379,385 and 386 of the Indian Penal Code.
The allegation in short is that the accused persons came at the field where the informant had grown 'phulgobi'. They had earlier demanded rangdari. All accused persons were armed with deadly weapons and they uprooted the crop. When protest was made, they assaulted the informant. Co-accused Ashok Paswan put pistol on the temple of Ram Kumar Mahto whereas Vijay Paswan also put pistol at some other persons. They were
Patna High Court Cr.Misc. No.31028 of 2016 (2) dt.16-08-2016 2/2 made to pay the amount thereafter released.
The contention of the petitioner(s) is that both are neighbours and on litigating terms. Earlier one of the petitioners Ashok Paswan had lodged a criminal case against the present prosecution side.
Considering the background of the case five other accused persons have been released on anticipatory bail vide order dated 16.05.2016 passed in Cr. Misc. No. 13602 of 2016 (Annexure-3). The petitioner(s) do not carry any criminal antecedent.
In the facts and circumstances of the case, let the petitioners above named, in the event of arrest/surrender within four 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 learned Chief Judicial Magistrate, Begusarai in Begusarai Muffasil P.S. Case No. 431 of 2015 subject to the condition that one of the bailors shall be their own/close family members. The petitioners shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel their bail bonds.
(Kishore Kumar Mandal, J.) ravi/- U T