Sudish Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46113 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -SANGRAMPUR DistrictEASTCHAMPARAN (MOTIHARI) =====================================
1. Sudish Paswan.
2. Ramprit Paswan.
Both S/o Bhulan Paswan.
3. Bhulan Paswan, S/o Late Laldeo Paswan.
4. Munna Paswan, S/o Birendra Paswan.
5. Tuntun Paswan, S/o Jagdish Paswan.
All R/o Madhubani, P.S. - Sangrampur, District - East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Patanjali Rishi, Adv. For the Opposite Party/s : Mr. Amrendra Pd. (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Sangrampur P.S. Case No.40 of 2015, disclosing offences under Sections 147, 148, 341, 323,
Patna High Court Cr.Misc. No.46113 of 2015 (3) dt.26-02-2016 2/3 325, 307 and 379 of the Indian Penal Code.
Allegedly, the petitioners assaulted the informant with Lathi-Danda and iron rod. It is alleged against petitioner No.3 that in order to kill the informant, he strapped his neck with a plastic rope. As against petitioner No.4, it is alleged that he caused assault with fist and feet. Petitioner No.5 is said to have assaulted the wife of the informant.
Learned counsel for the petitioners submits that the petitioners have no criminal antecedent, as stated in Paragraph 3 of the application, and the present case has been instituted out of local rivalry and land dispute between the parties. He further submits that injury reports do not fully corroborate the allegations, as contained in the First Information Report. In any view of the matter, he submits that there is no chance of the petitioners tampering with the evidence or fleeing away from the course of investigation or trial.
Considering the submission, as above, this application is allowed. Let the petitioner Nos.1 to 5, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each
Patna High Court Cr.Misc. No.46113 of 2015 (3) dt.26-02-2016 3/3 to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Sangrampur P.S. Case No.40 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Praveen-II/- U T