Ajeet Paswan @ Ajeet Kumar Paswan And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7807 of 2016 Arising Out of PS.Case No. -550 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) =====================================
1. Ajeet Paswan @ Ajeet Kumar Paswan, Son of Nagendra Paswan.
2. Lal Babu Paswan, Son of Gagendra Paswan.
3. Ravindra Paswan, Son of Gajendra Paswan.
4. Nagendra Paswan, Son of Ramdeo Paswan.
5. Dinesh Paswan, Son of Devanand Paswan.
All are resident of Village Kajipur Thathan P.S. Sadar (Hajipur) District - Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Adv. For the Opposite Party/s : Mr. Parmanand Pd., APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-04-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Sadar (Hajipur) P.S. Case No.550 of 2015, disclosing offences under Sections 341, 323, 448, 354,
506, 308 and 380/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that for the occurrence, which is alleged to have taken place on 20.10.2015, the First Information Report came to be registered on 14.11.2015. Explanation given in the First Information Report for delay in lodging of the First Information Report cannot be said to be plausible one. He further submits that no offence, under Section 308 of the Indian Penal Code, is made out against the petitioner on the basis of allegation, as contained in the First Information Report, and that the petitioner has been implicated in this case because of the property disputes. He further also submits that the informant and accused persons are agnates.
In view of the submission, as above, this application is allowed. Let the petitioners, abovenamed, 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 learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Sadar (Hajipur) P.S. Case No.550 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 petitioners, abovenamed, 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.) Praveen-II/- U T