Dilip Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65904 of 2018 Arising Out of PS. Case No.-263 Year-2018 Thana- SAUR BAZAR District- Saharsa ======================================================
1. Dilip Paswan S/o Pramod Paswan
2. Kundan Kumar @ Kundan Paswan S/o Ramdeo Paswan
3. Chandan Paswan @ Chandan Kumar S/o Ramdeo Paswan &
4. Ramdeo Paswan S/o Late Bhogi Paswan All residents of village-Bakhri, Ward No. 13 P.S. Sour Bazar, District- Saharsa.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra For the Opposite Party/s :
Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 353, 332, 333, 427, 504, 506 of the Indian Penal Code.
The prosecution case, in brief, is that having received the information of a quarrel, the informant being police officer along with police personnel reached at the place of occurrence, where some of the villagers started pelting bricks and stones. The informant tried to pacify the people but the mob started damaging the motorcycle and Sumo vehicle. The accused persons are alleged to have badly assaulted the Chowkidars.
It has been submitted on behalf of the petitioners that the
Patna High Court Cr.Misc. No.65904 of 2018(3) dt.27-11-2018 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. From order of the learned Sessions Court, it is apparent that the nature of injury is said to be simple and the said injury is on non vital part of the body. Hence, no offence u/S 307 of the Indian Penal Code is made out. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No. 263 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V.//- U T