Kamlesh Paswan And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.38490 of 2017 (2) dt.21-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38490 of 2017 Arising Out of PS.Case No. -98 Year- 2017 Thana -NAWANGAR District- BUXAR ======================================================
1. Kamlesh Paswan
2. Rajendra Paswan
3. Arjun Paswan
4. Dhanjee Paswan @ Dhanjee Kumar
5. Pappu Paswan
6. Rajesh Paswan
7. Uma Shankar Paswan
8. Binod Kumar @ Binod Paswan &
9. Ramchandra Paswan .... .... Petitioners.
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioners : Mr. Anil Kumar Singh For the State : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Nawanagar P.S. Case No. 98 of 2017 instituted for the offence under Sections-325, 307 & other minor Sections of the Indian Penal Code. It has been submitted that there is case and counter case between the parties. The injuries have been sustained by both sides. The injury reports of both sides have been annexed as Annexures-2 & 3 series.
From perusal of Annexure-2 series, it appears that all the injuries sustained by the informant and his other family members in the instant case, was found to be simple in nature. In the counter case, vide Nawanagar P.S. Case No. 100 of 2017 filed by accused-petitioner No.
Patna High Court Cr.Misc. No.38490 of 2017 (2) dt.21-08-2017 9, Ramchandra Paswan against the informant and 5-6 others, injuries have been sustained by the persons of the side of these petitioners, which has been annexed as Annexure-3 series.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Nawanagar P.S. Case No. 98 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Buxar subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) A.K.V./- U T