Ranvijay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44255 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- UPHARA District- Aurangabad ====================================================== 1.

RANVIJAY PASWAN Son of Rajendra Paswan Resident of Village- Bela, P.S.- Uphara, District- Aurangabad.

2.

Nitish Kumar Son of Birendra Paswan @ Virendra Kumar Resident of Village- Bela, P.S.- Uphara, District- Aurangabad. 3.

Anand Kumar Son of Narendra Paswan Resident of Village- Bela, P.S.- Uphara, District- Aurangabad.

4.

Bhola Kumar Son of Yugal Kumar Resident of Village- Bela, P.S.- Uphara, District- Aurangabad.

5.

Ajay Kumar Son of Birendra Paswan @ Virendra Kumar Resident of Village- Bela, P.S.- Uphara, District- Aurangabad. 6.

Aami basan Raj @ Subash Yadav @ Aambisan Raj Son of Suresh Yadav Resident of Village- Bela, P.S.- Uphara, District- Aurangabad. 7.

Ganesh Kumar @ Gajesh Kumar Son of Yugal Paswan Resident of VillageBela, P.S.- Uphara, District- Aurangabad. 8.

Anurag Kumar Son of Narendra Paswan Resident of Village- Bela, P.S.- Uphara, District- Aurangabad.

9.

Vikash Paswan Son of Rajendra Paswan Resident of Village- Bela, P.S.- Uphara, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Leelawati Kumari For the Opposite Party/s :

Dr. (Mrs.) Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-09-2019 Learned counsel for the petitioners seeks permission to add the alias name of petitioner no. 7 in the cause title of the application.

Permission is granted. Let it be done in course of the day.

Patna High Court CR. MISC. No.44255 of 2019(4) dt.30-09-2019 2/3 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Uphara P.S. Case No. 09 of 2019, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code. There are nine persons named in the FIR, who are the petitioners. It is alleged that they were using vulgar language in presence of the informant's wife and daughter. When it was objected, allegedly, they started assaulting the informant's wife with the butt of the pistol.

Learned counsel appearing on behalf of the petitioners has submitted that though no offence under Section 307 of the IPC is made out, the same has been ornamentally incorporated. It has been stated in paragraph 3 of the application that the petitioners have no criminal antecedent. Considering the facts and circumstances, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in Uphara P.S. Case No. 09 of 2019, subject to the condition as laid down under Section 438(2) of

Patna High Court CR. MISC. No.44255 of 2019(4) dt.30-09-2019 3/3 the Code of Criminal Procedure.

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) Rajesh/- U T