Jainandan Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24963 of 2018 Arising Out of P.S.Case No. -24 Year- 2018 Thana -DANIYAWA District- PATNA ======================================================
1. Jainandan Paswan,
2. Harinandan Paswan, Both sons of Late Raghunandan Paswan
3. Randhir Paswan Son of Dayanand Paswan
4. Munna Paswan
5. Awadhesh Paswan, Both sons of Krishna Paswan
6. Karan Paswan, Son of Devnandan Paswan
7. Shyamreet Paswan, Son of Dharam Singh Paswan, All Residents of Village- Madawa, Police Station- Daniyawan, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shyamal Prakash For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 25-04-2018 Heard.
The petitioners apprehend arrest in connection with Daniyawan P.S.Case No.24 of 2018 registered for an offence under Section 307 and other allied Sections of the IPC and 27 of the Arms Act.
The allegation as per FIR is that altogether 12 FIR named accused went to the house of the informant and assaulted with various weapons. The allegation of causing fire arm injury is against Dayanand Paswan who shot fire on the order of Shyamnandan Paswan. The allegation of causing injury on the head of informant by farsa is against Ajay Paswan. The allegation of assault is omnibus against seven petitioners. There is also a
Patna High Court Cr.Misc. No.24963 of 2018 (2) dt.25-04-2018 2/2 counter case from the side of the petitioners. Both parties are resident of same village and occurrence of assault took place on account of land dispute.
The learned APP opposed the submissions.
Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioners in the event of their arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Savita Rani, Judicial Magistrate, Ist Class, Patna City, Patna in connection with Daniyawan P.S.Case No.24 of 2018 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T