Soni Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.68788 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- BIHARSHARIF District- Nalanda ======================================================
1. Soni Paswan, S/o Devi Paswan,
2. Gaurav Paswan, S/o Late Dukhi Paswan, Both residents of Mohalla- Paharpura, P.S.- Bihar, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Mohan Prasad Mehta For the Opposite Party/s :
Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 326, 337, 338, 307, 504, 506 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in brief, is that accused persons having formed unlawful assembly, fired as a result of which, three persons sustained injuries.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. Rest of the
Patna High Court Cr.Misc. No.68788 of 2018(2) dt.17-12-2018 2/2 offences are triable by the Magistrate. The other co-accused persons with similar allegation have been granted anticipatory bail by a coordinate bench of this court vide order dated 14-062018 passed in Cr. Misc. No. 33422 of 2018. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bihar Sharif in connection with Bihar P.S. Case No. 40 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V.//- U T