Sandeep Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70130 of 2018 Arising Out of PS. Case No.-62 Year-2018 Thana- LAURIA District- West Champaran ====================================================== Sandeep Paswan, Son of Prabhu Paswan @ Prabhu Hazara, Resident of Village- Dumra Bhat, Police Station- Lauria, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Kishun Prasad For the Opposite Party/s :

Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,307,379, and 504/34 of the IPC.

The prosecution case as per the written report of Shabana Parween dated 8.3.2018 submitted to the SHO, Lauriya Police Station is to the effect that on 28.2.2018 at 12 A.M. the husband and the brother of the husband of the informant were returning after seeing an orchestra at marriage ceremony, when five accused persons surrounded the informant and co-accused Rajan, Vikas and Chunna assaulted the husband of the informant causing fracture injury. When the informant's brother namely Bhikhari Mian came to rescue, then his mobile along with silver chain was snatched by the petitioner and co-accused Suresh Paswan.

Patna High Court Cr.Misc. No.70130 of 2018(2) dt.06-12-2018 2/2 It is submitted by learned counsel for the petitioner that the accusation of assault is specific against three persons being coaccused Rajan, Vikas and Chunna and for the occurrence alleged to have taken place on 28.2.2018 the FIR has been registered after a substantial delay on 8.3.2018. It is further submitted that other co-accused persons have been granted bail by the learned court below on the basis of compromise between the parties. Learned APP submits that the petitioner is named in the FIR.

Considering the thrust of accusation against three assailants, the delayed lodging of the FIR and statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, West Champaran, Bettiah in connection with Lauriya P.S. Case No. 62 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U