Indu Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2491 of 2016 Arising Out of PS.Case No. -102 Year- 2015 Thana -KINJAR District- JEHANABAD ======================================================

1. Indu Paswan S/o Badri Paswan

2. Vikash Kumar S/o Bhim Lal Pandit

3. Bharat Kumar S/o Kail Paswan

4. Raushan Kumar S/o Mathura Singh All are resident of village - Pariyari Dih, P.S. Kinjar, District - Arwal ( Bihar ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Umanath Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-01-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Kinjer P.S. Case no. 102 of 2015, disclosing offences under sections 353, 427, 504, 323, 341, 147, 148, 149 of the Indian Penal Code.

The informant was deputed as helper and night guard at Ataula power sub-station on the alleged date of occurrence. Allegedly, these petitioners entered into the substation and enquired as to why supply of electricity to the village was discontinued. They are said to have asked other co-villagers

Patna High Court Cr.Misc. No.2491 of 2016 (2) dt.19-01-2016 to assault him whereafter the informant was assaulted. Learned counsel for the petitioners has drawn my attention to the injury report and submitted that the injuries do not fully support the prosecution version.

Keeping in view the submission as above, the genesis of the occurrence and nature of accusation, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on 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 learned Chief Judicial Magistrate, Arwal in connection with Kinjer P.S. Case No. 102 of 2015, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973.

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) Amin/- U