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Patna High CourtCR. MISC./5469/2021disposed

Surendra Paswan v. The State Of Bihar

2021-11-15Mr. Justice Birendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5469 of 2021 Arising Out of PS. Case No.-244 Year-2020 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

Surendra Paswan 2.

Jitendra Paswan 3.

Girindra Paswan @ Girendra Paswan 4.

Satendra Paswan @ Satyendra Paswan All sons of S/O Ram Nandan Paswan R/O Village - Pathra, P.S. Makhdumpur, District - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Adv For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-11-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147,149,341,323,325,307,506/34 of the Indian Penal Code. Submission is that petitioner No.1-Surendra Paswan carries allegation of commission of assault with Garasa at the head. However, the Doctor has found simple injury caused by hard and blunt substance.

Patna High Court CR. MISC. No.5469 of 2021(2) dt.15-11-2021 2/3 Since petitioner No.1-Surendra Paswan had knowledge that his act might cause death, I am not inclined to enlarge him on anticipatory bail. Hence, prayer is refused. Petitioner Nos. 2 to 4 allegedly assaulted on non-vital part of the body and they carry general and omnibus allegation, hence let petitioner Nos.2 to 4, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Makhdumpur P.S.Case No.244 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) Petitioner Nos. 2 to 4 shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of petitioner Nos.2 to 4.

(c) Petitioner Nos. 2 to 4 shall not leave the country

Patna High Court CR. MISC. No.5469 of 2021(2) dt.15-11-2021 3/3 without permission of the learned Trial Court. (Birendra Kumar, J) Nitesh/- U T