Sanjay Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26217 of 2016 Arising Out of PS.Case No. -317 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================
1. Sanjay Paswan
2. Ajay Paswan
3. Rajesh Paswan
4. Raju Paswan All above are sons of late Rajendra Paswan Resident of Mohalla- Mahabir Ashtan (Kuraich) PS Sasaram (M) District Rohtas.
5. Kanchan Devi W/o Sanjay Paswan
6. Sangita Devi W/o Ajay Paswan
7. Kalawati Devi W/o Rajesh Paswan
8. Rubi Devi@Rubi kumari(Devi) W/o Raju Paswan All above are resident of Mohalla- Mahabir Asthan (Kuraich), PS Sasaram (M), District Rohtas. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Rakesh Singh, Advocate For the State : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 04-07-2016 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 307, 379, 324, 448, 323, 341, 147, 148 and 149 of the Indian Penal Code. It is contended that it is manifest from the allegation made in the First Information Report that both the sides are agnates and there is dispute between them with respect to construction of house and there is a case and counter case between the parties. It is further contended that both the sides
Patna High Court Cr.Misc. No.26217 of 2016 (2) dt.04-07-2016 have received injuries. So far the injury of daughter-in-law of the informant is concerned, it is on her forehead and opinion was reserved till the treatment chart and the x'ray plate were received but the same were never produced and after about 11⁄2 months the injuries have been declared as simple in nature in the supplementary report. It is urged that though there is allegation of assault by Farsa which is a sharp-cutting weapon but no sharp-cutting injury has been found as it has been stated in the injury report that the same has been caused by hard and blunt substance. It is also contended that the other sides have been granted anticipatory bail by the court below itself in the case lodged by the petitioners' side. Petitioners have stated that they have no criminal antecedents.
Having regard to the facts and circumstances of the case, let the abovenamed petitioners, namely, Sanjay Paswan, Ajay Paswan, Rajesh Paswan, Raju Paswan,, Kanchan Devi, Sangita Devi, Kalawati Devi and Rubi Devi @ Rubi Kumari(Devi), be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Sasaram Town Police Station Case No. 317/2016 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of the Chief
Patna High Court Cr.Misc. No.26217 of 2016 (2) dt.04-07-2016 Judicial Magistrate, Rohtas at Sasaram, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.
(Dr. Ravi Ranjan, J) SC/- U T