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Patna High CourtCR. MISC./31928/2016bail granted

Pradip Paswan @ Pradeep Paswan And ANR v. The State Of Bihar

2016-08-29Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31928 of 2016 Arising Out of PS.Case No. -61 Year- 2016 Thana -KURSAKANTA District- ARRARIA ======================================================

1. Pradip Paswan @ Pradeep Paswan, S/o late Budhan Paswan,

2. Santosh Paswan, S/o Dayanand Paswan Both resident of village- Bhumpokhar Bishnapur, Ward No. 14, P.S.- Kursakanta (Kuwari O.P.), District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bishwajit Singh For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-08-2016 Heard Sri Bishwajit Singh, learned counsel for the petitioners and Sri Ram Naresh Roy, learned Additional Public Prosecutor.

Two petitioners, apprehending their arrest in Kursakanta (Kuwari O.P. ) P.S. Case No. 61 of 2016 registered for the offence under section 307 and other allied sections of the Indian Penal Code have prayed for grant of anticipatory bail. It was submitted by learned counsel for the petitioners that there was case and counter case in between the parties. On the same day in relation to the same occurrence from the petitioners side an F.I.R. was lodged vide Kursakanta (Kuwari O.P.) P.S. Case No. 62 of 2016 for the offences under section

Patna High Court Cr.Misc. No.31928 of 2016 (2) dt.29-08-2016 2/2 341, 323, 379, 354(B), 504, 34 of the Indian Penal Code. He submits that in the F.I.R. only allegation against both the petitioners is that they used lathi in the occurrence. Keeping in view the fact that there is case and counter case and the nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let both the petitioners Pradip Paswan @ Pradeep Paswan and Santosh Paswan be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of A.C.J.M. II, Araria / concerned court in connection with Kursakanta (Kuwari O.P.) P.S. Case No. 61 of 2016, G.R. No. 1356 of 2016 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) Praful/- U T