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Patna High CourtCR. MISC./23267/2015bail granted

Nanku Paswan And ORS v. The State Of Bihar

2015-07-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23267 of 2015 Arising Out of PS.Case No. -280 Year- 2014 Thana -BIDUPUR District- VAISHALI (HAJIPUR) ======================================================

1. Nanku Paswan, S/o Lala Paswan,

2. Karu Paswan @ Karua Paswan, S/o Jawahar Paswan,

3. Chandan Paswan @ Chandan Kumar, S/o Kameshwar Bhagat,

4. Nakeshwar Bhagat, S/o Late Dashrath Bhagat,

5. Sone Lal Bhagat, S/o Jugal Bhagat,

6. Bhagwan Lal, S/o Lakhu Paswan,

7. Nanua Bhagat, S/o Lala Paswan, All are residents of Village Daud Nagar, P.S. Bidupur, Distt. Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tilak Sao For the Opposite Party/s : Mr. Shyam Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-07-2015 Heard both sides.

The petitioners, seven in number, apprehend their arrest in a case under Sections 337, 435, 427, 307 and other sections of the Indian Penal Code.

The informant made allegation that many villagers were running after the life of a girl but the girl took shelter in the shop of the informant. The mob was bent upon to kill the girl, but the police came and rescued the girl. It is alleged that many articles were broken. It is submitted that for the same occurrence, Bidupur P.S. Case No. 279/14 was registered by the police against the petitioners, in which all the petitioners have been granted

Patna High Court Cr.Misc. No.23267 of 2015 (2) dt.08-07-2015 2/2 anticipatory bail vide Cr. Misc. No. 1932/15 and Cr. Misc. No. 9845/15. For the same occurrence, the present case, i.e. Bidupur P.S. Case No. 280/14, was registered by the shopkeeper Shashi Kumar Singh.

Learned counsel for the informant, however, vehemently opposed the prayer for anticipatory bail. Considering the facts that for the same occurrence, two cases were registered - one by the police and another by the shopkeeper, and the petitioners have already been granted anticipatory bail in Bidupur P.S. Case No. 279/14 lodged by the police, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, 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, Vaishali at Hajipur in Bidupur P.S. Case No. 280/14, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Dilip/- (Prabhat Kumar Jha, J) U T