Patna High CourtCR. MISC./41813/2015bail granted

Jyotish Paswan And ANR v. The State Of Bihar

2015-09-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41813 of 2015 Arising Out of PS.Case No. -2 Year- 2015 Thana -ASARGANJ District- MUNGER ======================================================

1. Jyotish Paswan, Son of Nakul Paswan

2. Jichchhu Paswan, Son of Kedar Paswan, Both resident of Village - Mirjapur, Police Station - Aserganj, District - Munger. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sanjeev Ranjan, Advocate.

For the Opposite Party : Mr. T.N.Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-09-2015 Heard both sides.

The petitioners seek bail in a case registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code.

The informant alleged that on 26.11.2014 while he was sleeping along with his children Ramautar Paswan, Jyotish Paswan and Jichchhu Paswan along with 5-6 unknown persons having armed with different weapons came and forcibly took him towards Bahiyar. The accused persons are alleged to have assaulted the informant with sickle.

It is submitted that the occurrence took place on 26.11.2014, but after ten days of the occurrence the fardbeyan was given on 05.12.2014. There is no allegation of assault against the petitioners. Even after lapse of many months the injury repot was

Patna High Court Cr.Misc. No.41813 of 2015 (2) dt.16-09-2015 2/2 not made available. The petitioners are in jail 14.05.2015 and 01.07.2015.

Considering the facts aforesaid and the fact that the FIR was lodged after ten days of the occurrence and the injury report was not made available, the petitioners above named are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in Asarganj P.S. Case No. 02 of 2015.

(Prabhat Kumar Jha, J.) KKSINHA/- U T