Ashok @ Ashok Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28477 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -RAJPUR District- BUXAR ======================================================

1. Ashok @ Ashok Paswan, Son of Ramjas Paswan,

2. Batish Paswan @ Batiha Paswan,

3. Deepak Paswan @ Deepak Kumar Paswan Both Sons of Birju Paswan,

4. Ramjas Ray @ Ramjas Paswan, Son of Late Rampati Paswan,

5. Sukhvashi Devi @ Sukhvanshi Devi, Wife of Ramjas Paswan, All Resident of Village- Hakarpur, Police Station- Rajpur, District- Buxar.

6. Jamant Paswan @ Jamwant Paswan, Son of Garjan Paswan, Resident of Village- Nanaura, Police Station- Rajpur, District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rahul Nath, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2017 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, 341, 323 and 307 of the Indian Penal Code.

Allegation against the petitioners is that they assaulted the informant by lathi and danda, due to which he sustained injury.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.28477 of 2017 (2) dt.01-07-2017 2/2 petitioners. The petitioners have falsely been implicated in the present case. The alleged date of occurrence is said to be 17.04.2017, whereas the F.I.R. has been instituted on 11.05.2017. Delay has not been explained by the prosecution. There is no injury report to support the allegations made in the F.I.R. in respect to offence under Section 307 I.P.C.

On behalf of the State, it is submitted that the petitioners are named in the 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, Buxar in connection with Rajpur P.S. case No.99 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T