Harikant Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7560 of 2016 Arising Out of PS.Case No. -34 Year- 2015 Thana -HALSI District- LAKHISARAI ======================================================

1. Harikant Paswan Son of Banarasi Paswan resident of village - Mohia, P.O. Halsi, P.S. Halsi, District - Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-03-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Halsi Police Station Case No. 34 of 2015, disclosing offences under Sections 341, 323, 448, 324, 504, 147, 148, 149 and 307 of the Indian Penal Code. It is apparent from the First Information Report that the occurrence had taken place on the day when Holi was being celebrated. Allegedly, the FIR named accused persons, total 9 in numbers, came in a group and started throwing mud on the husband of the informant, which was seriously objected. The accused persons are said to have abused the informant and it is alleged against the present

Patna High Court Cr.Misc. No.7560 of 2016 (2) dt.17-03-2016 2/3 petitioner that he assaulted the informant's husband on his head, causing injury. It has been stated in paragraph 3 of the application that the petitioner has no criminal antecedent. It has also been stated in the application that on the same date, one Basudeo Paswan had lodged a First Information Report for various offences, committed by the informant's side, punishable under various sections including Section 3 (i) (viii) (xv) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act. Considering the facts that the petitioner has no criminal antecedent and there is no likelihood of his being flee from the course of justice, this application is allowed.

Let the petitioner, Harikant Paswan, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Halsi Police Station Case No. 34 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of

Patna High Court Cr.Misc. No.7560 of 2016 (2) dt.17-03-2016 3/3 failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √