Patna High CourtCR. MISC./6052/2016bail granted

Seojanam Paswan v. The State Of Bihar

2016-02-24Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6052 of 2016 Arising Out of PS.Case No. -96 Year- 2015 Thana -KINJAR District- JEHANABAD ======================================================

1. Seojanam Paswan Son of Bachu Paswan Resident of village - Jagdeo Nagar Pariyari, Police Station Kinger, District - Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogendra Kumar Dwivedi For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kinjer Police Station Case No. 96 of 2015, disclosing offences under Sections 341, 323, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned Counsel for the petitioner submits that it is evident from the First Information Report that the dispute arose over passing of sewerage pipe. He submits that there is no allegation against the petitioner, except that he had opened fire. There being no fire-arm injury on any person, the case of the prosecution becomes doubtful. The petitioner has no criminal antecedent, as stated in paragraph 3 of the application.

Patna High Court Cr.Misc. No.6052 of 2016 (2) dt.24-02-2016 2/2 Considering the submission, as above, this application is allowed.

Let the petitioner, Seojanam Paswan, in the event of his arrest or surrender before the Court below within four 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 Additional Chief Judicial Magistrate, Arwal, in connection with Kinjer Police Station Case No. 96 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 same may be, as and when required and in the event of 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 √