Jitendra Paswan @ Jitendra Kr. Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29756 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -NARPATGANJ District- ARRARIA ======================================================
1. Jitendra Paswan @ Jitendra Kr. Paswan,
2. Arjun Paswan @ Arjun Kumar Paswan, both sons of Hari Kishun Paswan,
3. Ajoy Paswan @ Ajay Kumar Paswan, son of Hira Lal Paswan, all resident of village-Rajganj, Madhura West, P.S.-Narpatganj, DistrictAraria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 26-07-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Narpatganj P.S. Case No.13 of 2017 instituted for the offence under Section(s) 341, 323, 324, 307, 504/34 Indian Penal Code. It has been submitted on behalf of the petitioners that on the date of occurrence there was free fight between the parties on account of land dispute. Father of the petitioner No.2 has lodged a case bearing Narpatganj P.S. Case No.14 of 2017 under Section(s) 341, 323, 324, 307, 504/34 against the informant and his associates.
Case diary has been received. Injury reports are
Patna High Court Cr.Misc. No.29756 of 2017 (3) dt.26-07-2017 2/3 available in the case diary. Injuries found on the person of the injured are found to be simple except on the person of Suresh Paswan, whose injury was found to be grievous as per the report of the CT scan.
From the written report itself, it appears that there is no allegation of any specific overt act against any of the accused persons and the occurrence took place on account of land dispute. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Narpatganj P.S. Case No.13 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the
Patna High Court Cr.Misc. No.29756 of 2017 (3) dt.26-07-2017 3/3 petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- U T