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Patna High CourtCR. MISC./14515/2017bail granted

Kuleshwar Paswan @ Kauleshwar Paswan And ANR v. The State Of Bihar

2017-04-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14515 of 2017 Arising Out of PS.Case No. -367 Year- 2016 Thana -BIHTA District- PATNA ======================================================

1. KULESHWAR PASWAN @ KAULESHWAR PASWAN Son of Mahendra Paswan

2. Pintu Paswan, Son of Subhash Paswan Both Resident of VillageKateshar, P.S.-Bihta, District-Patna .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-04-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Bihta P.S. Case No. 367 of 2016 initiated for the offence under Sections-363, 365, 307/34 of the Indian Penal Code.

There is allegation in the written report that on the order of petitioner No. 1, petitioner No. 2 and 2-3 unknown persons assaulted the informant with fist and slaps. The C.D. has been received. The injury report is annexed with the C.D. wherein the doctor has found complain of headache and pain in left side of abdomen. The patient was referred to PMCH but there is no injury report of PMCH. In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.14515 of 2017 (3) dt.25-04-2017 2/2 allowed it is ordered that the petitioners named above, in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bihta P.S. Case No. 367 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna subject to condition as laid down u/S 438(2) of the 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 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) A.K.V./- U T