Bimla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44825 of 2019 Arising Out of PS. Case No.-547 Year-2017 Thana- ARARIA District- Araria ====================================================== 1.

BIMLA DEVI, W/O Rajendra Paswan, R/O Rampur Mohanpur, P.S.- Araria (Bairgachhi), Dist.- Araria 2.

Raman Kumar Paswan @ Raman Kumar ,S/O Rajendra Paswan, R/O Rampur Mohanpur, P.S.- Araria (Bairgachhi), Dist.- Araria 3.

Randheer Kumar Paswan @ Ranveer Kumar, S/o Rajendra Paswan, R/O Rampur Mohanpur, P.S.- Araria (Bairgachhi), Dist.- Araria ... Petitioners

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioners :

M/s Kumar Ravish, Sanjay Kumar Sharma & Kashyap Kaushal, Advs.

For the Opposite Party :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek anticipatory bail in connection with Araria P.S. Case No. 547 of 2017 for the offences alleged under Sections 147, 148, 149, 323, 448, 380, 504 and 506 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioners has submitted that upon completion of investigation the police have already submitted charge sheet, but, under the bailable sections of the Indian Penal Code.

The Court below has, however, taken cognizance of the offences punishable under various sections of the Indian

Patna High Court CR. MISC. No.44825 of 2019(2) dt.22-07-2019 2/2 Penal Code for which charge sheet has been submitted and Section 27 of the Arms Act, which is non-bailable, which is why the petitioners apprehend their arrest.

Since, charge sheet has been submitted and the investigation is complete, this application is allowed. Let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Araria P.S. Case No. 547 of 2017 shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, VI, Araria, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Chakradhari Sharan Singh, J) Shamshad/- U T