Patna High CourtCR. MISC./50868/2019allowed

Balmiki Paswan v. The State Of Bihar

2019-08-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50868 of 2019 Arising Out of PS. Case No.-87 Year-2013 Thana- NAUBATPUR District- Patna ====================================================== BALMIKI PASWAN Son of Dhorha Paswan Resident of Village - Asaapura, P.S.- Bikram, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Naubatpur P.S. Case N0. 87 of 2013, disclosing offences under Sections 341,323,307,324,379,386,447,504/34 of the Indian Penal Code.

A petty dispute between the informant and the persons named in the First Information Report appears to be the reason leading to registration of the First Information Report. It is alleged against the petitioner that he assaulted the informant with knife.

Learned counsel for the petitioner contends that there is no injury to support the allegation made in the First Information Report. He has also argued that the present case is a counter blast to an earlier criminal case got registered by the wife of one of the co-accused in the

Patna High Court CR. MISC. No.50868 of 2019(2) dt.16-08-2019 2/2 present case.

Considering the facts and circumstances, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned ACJM-II, Danapur in Naubatpur P.S. Case No. 87 of 2013, subject to the conditions as 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 failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U