Daresh Paswan @ Ram Daresh Paswan & Ors vs The State Of Bihar on 22 December, 2016

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Patna High Court - Orders

Daresh Paswan @ Ram Daresh Paswan & Ors vs The State Of Bihar on 22 December, 2016

Bench: Kishore Kumar Mandal

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.53941 of 2016
                           Arising Out of PS.Case No. -83 Year- 2016 Thana -CHIRAIYA District-
                                            EASTCHAMPARAN(MOTIHARI)
                 ======================================================
                 1. Daresh Paswan @ Ram Daresh Paswan son of Late Raghubir Paswan
                 2. Vitu Paswan son of Daresh Paswan @ Ram Daresh Paswan
                 3. Vivek Kumar Niraj son of Daresh Paswan @ Ram Daresh Paswan
                 4. Gomal Paswan son of Thakuri Paswan
                 5. Sanjay Paswan son of Mahesh Hajara
                 6. Soni Kumari D/O Niraj Paswan
                 7. Kishori Paswan son of Late Badari Paswan
                 8. Achhelal Rai son of Ramdeyal Rai
                 9. Shiv Shankar Rai son of late Hari Bhajan Rai
                 10. Ganesh Rai son of Late Hari Bhajan Rai, all residents of village
                 Mandilwa P.S. Chiraiya, East Champaran

                                                                                 .... ....   Petitioner/s
                                                       Versus
                 The State of Bihar
                                                          .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s : Mr. Ajay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
                 MANDAL
                 ORAL ORDER

2   22-12-2016

Heard the counsel for the petitioners.

No one appears on behalf of the State.

All the petitioners herein are accused of Chiraiya P.S. Case No. 83 of 2016 registered under sections 307 and 379 IPC and pray for grant of grant of anticipatory bail.

While the informant was going, it is alleged that he was intercepted by blocking the road and thereafter all the accused persons in a very highhanded manner assaulted several persons including the informant. As may as four Patna High Court Cr.Misc. No.53941 of 2016 (2) dt.22-12-2016 2/3 persons received injuries at the hands of the accuseds.

The contention of the petitioners is that owing to the case lodged by the present accused party, vide Annexure-2, the present case has been lodged. The accused persons have also received injuries at the hands of the present prosecution side. The injuries are not grievous. Referring to the FIR, it has been further submitted that Soni Kumari has been shown to be order-giver in the present case.

Looking to the manner in which the occurrence has been committed and other materials reflected from the records, I am not persuaded to extend the privilege of anticipatory bail to the petitioners except petitioner no.6 Soni Kumari. Prayer is accordingly rejected.

Let petitioner no. 6 Soni Kumari, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-with two sureties of the like amount each to the satisfaction of SDJM, Sikrahna at Dhaka, East Champaran on condition that one of the bailors of the petitioner shall be her own/close family member. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case Patna High Court Cr.Misc. No.53941 of 2016 (2) dt.22-12-2016 3/3 of default in doing so on two consecutive dates, the trial court shall have liberty to cancel her bail bonds and secure her arrest in accordance with law.

(Kishore Kumar Mandal, J) HR/-

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Patna High Court - Orders