Partly allowed

Samir Paswan and Ors. v. The State Of Bihar

Patna HC3 Jan 2014CR. MISC./22/2014

Case brief

AI extract

What is this about?

Three petitioners seeking anticipatory bail against arrest in an FIR involving multiple IPC offences. Court dismissed application regarding one petitioner as infructuous after surrender and granted bail to the others.

What did the court decide?

Application dismissed as infructuous against Petitioner no.1. Bail granted to Petitioners no.2, 3 and 4 with conditions of furnishing bond and sureties, and physical presence before the court below.

Samir Paswan and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.22 of 2014

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====================================================== 1.Samir Paswan son of Bilash Paswan. 2.Nilesh Paswan @ Nirmal Paswan son of Gajo Paswan 3.Shyam Paswan son of Ravindradeo Paswan 4. Harkhit Paswan son of Pulendra Paswan. All are resident of village- Lakhanchand, P.S. Mokama and District- Patna.., .... .... Petitioners Versus 1.The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar no.2 For the Opposite Party/s : Mr. Damodar Prasad Tiwary CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER

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2 03-01-2014 Heard learned counsel for the petitioners and learned Additional public Prosecutor for the State.

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The petitioners are apprehending their arrest in connection with a case registered for the offences punishable under Sections 147,148,149,447,341, 323, 325, 307, 504, 506, 109 and 120(B) of the Indian Penal Code

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Out of four petitioners, petitioner no.1, namely, Samir Paswan, has already been surrendered before the court below and therefore, this application, as against him, has become infructuous.

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Accordingly, learned counsel for the petitioners seeks permission to withdraw this application as against petitioner no.1. This application, as against petitioner no.1, is dismissed having become infructuous.

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Patna High Court Cr.Misc. No.22 of 2014 (2) dt.03-01-2014

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So far as remaining three petitioners are concerned, submission is of false implication. The allegation against them are general and omnibus and specific accusation of assault is against petitioner no.1 and none petitioners Raju and Bilas. None of these three petitioners carry any criminal antecedent.

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If it is so, in the event of their arrest or surrender before the court below within four weeks, let above named petitioner nos. 2, 3 and 4 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 learned Additional Chief Judicial Magistrate, Barh, Patna, in Mokama P.S.Case no. 239 of 2013, subject to the conditions, as laid down u/s 438(2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.

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(Akhilesh Chandra, J)

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singh/-

Samir Paswan and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Samir Paswan and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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