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Patna High CourtCR. MISC./83796/2019bail granted

Hareram Paswan v. The State Of Bihar

2020-07-03Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83796 of 2019 Arising Out of PS. Case No.-198 Year-2019 Thana- ALOULI District- Khagaria ====================================================== 1.

HARERAM PASWAN Son of Late Babulal Paswan Resident of Village - Sumbha Tola Merain, Ward No. 03, P.S.- Alauli, Distt - Khagaria. 2.

Dilwale Paswan Son of Hareram Paswan Resident of Village - Sumbha Tola Merain, Ward No. 03, P.S.- Alauli, Distt - Khagaria. 3.

Srinath Paswan Son of Hareram Paswan Resident of Village - Sumbha Tola Merain, Ward No. 03, P.S.- Alauli, Distt - Khagaria. 4.

Ganesh Paswan Son of Late Babulal Paswan Resident of Village - Sumbha Tola Merain, Ward No. 03, P.S.- Alauli, Distt - Khagaria. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-07-2020 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Alauli P.S. Case No. 198 of 2019 registered for the offence punishable under Sections 147, 148, 341, 323, 307, 379 and 506 of the Indian Penal Code.

There is allegation in the First Information Report that six named accused persons had wrongfully confined the wife of the elder brother of the informant and when the informant went there in rescue, they assaulted him, his father, his uncle and wife of his elder brother mercilessly. They are also said to have snatched cash of Rs.500/- from the informant.

Patna High Court CR. MISC. No.83796 of 2019(3) dt.03-07-2020 2/3 Case diary has been called for, which is there on record.

Learned counsel appearing on behalf of the petitioners has submitted that a title suit is pending between the parties, which is the real reason behind lodging of a false case. He has submitted that the allegations are general and omnibus and not specific against these petitioners. The injuries have been found to be simple in nature.

Considering the facts and circumstances, as noted above, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, 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 learned C.J.M., Khagaria, in Alauli P. S. Case No. 198 of 2019, subject to the conditions as 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,

Patna High Court CR. MISC. No.83796 of 2019(3) dt.03-07-2020 3/3 their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T