Ajay Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15388 of 2018 Arising Out of PS.Case No. -450 Year- 2017 Thana -AMARPUR District- BANKA ======================================================
1. Ajay Paswan, Son of Anandi Paswan,
2. Ganouri Paswan, Son of Daya Paswan,
3. Gautam Paswan, Son of Ganouri Paswan,
4. Rajesh Paswan, Son of Ganouri Paswan,
5. Rekha Devi, Wife of Jagdish Paswan,
6. Kumiya Devi @ Uma Devi, Wief of Ganouri Paswan, All resident of Village- Salempur, P.S.- Amarpur, District- Banka.
7. Shekha Devi, Wife of Anandi Paswan,
8. Anandi Paswan, Son of Late Chhedi Paswan, Both resident of VillageLahoriya, Rajoun, District- Banka. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend arrest in connection with Amarpur Police Station Case No. 450 of 2017 registered for the offences punishable under sections 147, 148, 341, 323, 308, 379, 427 and 448 of the Indian Penal Code.
It has been submitted that the informant and petitioners are agnate and for the land dispute, occurrence took place between them. There is case and counter case. The petitioner no. 2 has lodged Amarpur Police Station Case No. 451 of 2017 against the informant.
Patna High Court Cr.Misc. No.15388 of 2018 (2) dt.09-04-2018 2/2 The allegation of assault is omnibus against the FIR named and four unknown persons. None of the injured sustained any grievous injury. The learned Additional Public Prosecutor on the other hand, opposed the submission.
Considering the omnibus allegation of assault, case counter case as well as land dispute between the parties, the prayer of anticipatory bail is allowed and the petitioner above named, in the event of arrest or surrender before the court below within a period of six weeks, be released 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 Chief Judicial Magistrate, Banka in connection with Amarpur Police Station Case No. 450 of 2017, subject to the condition as laid down under section 438 (2) of the Criminal Procedure Code. Further condition is that (1) one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (2) The petitioners will not induce any witness or tamper with the evidence. (3) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(Sanjay Kumar, J) Mahesh/- U T