Allowed

Krishna Paswan and Ors. v. The State Of Bihar

Patna HC1 Sept 2014CR. MISC./45613/2013

Case brief

AI extract

What is this about?

In a bail matter, the court granted anticipatory bail to the petitioners apprehending arrest under Sections 302 and 34 IPC, subjecting them to strict conditions of attendance and investigation cooperation.

What did the court decide?

Release on bail of Rs.10,000 each with two sureties upon arrest or surrender within six weeks, subject to strict conditions of attendance and cooperation.

Krishna 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 Criminal Miscellaneous No.45613 of 2013

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====================================================== 1. Krishna Paswan Son Of Dineshwar Paswan Resident Of Village- Pawai, P.S.- Muffasil, District- Aurangabad.

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Vijay Paswan Son Of Krishna Paswan Resident Of Village- Pawai, P.S.Muffasil, District- Aurangabad.

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Sanjay Paswan Son Of Krishna Paswan Resident Of Village- Pawai, P.S.Muffasil, District- Aurangabad. .... .... Petitioner/s

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Versus

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1. The State Of Bihar

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.... .... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Dr. (Mrs.)Leelawati Kumari, Adv For the Opposite Party/s : APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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5 01-09-2014 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner apprehends his arrest for the offences alleged under Sections 302, and 34 I IPC registered in connection with Aurangabad (Mufassil) P.S. Case No. 112 of 2013.

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It is submitted that the petitioners have

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been falsely implicated on mere suspicion as admittedly the informant was not an eye witness. The accusation of assault and poisoning administered by the petitioners is false.

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Patna High Court Cr.Misc. No.45613 of 2013 (5) dt.01-09-2014

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Perusal of the post mortem report recorded in para 24 of the case diary disclose no external injury. Further the report of F.SL., Patna which was called for by the order of this Court dated 03.03.2014 also discloses that no Metallic, Alkaloidal, Glycosidal, Pesticidal or Volatile poison could be detected in the viscera.

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Having regard to the entirety of the facts and circumstances of the case, as such, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Mufassil) P.S. Case No. 112 of 2013 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

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(i) The petitioners shall cooperate with the investigation and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for

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Patna High Court Cr.Misc. No.45613 of 2013 (5) dt.01-09-2014

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cancellation of bail.

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(ii) The petitioners shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, their bail bond shall be liable to be cancelled by the learned Court concerned.

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Let the Registry re-seal the viscera report and return the same to the Director, Forensic Science Laboratory, Patna. The Superintendent of Police, Aurangabad and the Investigating Officer of the case shall ensure that a copy of the viscera report is submitted in the court concerned without delay.

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Let the Registry communicate a copy of this order to the Senior Superintendent of Police, Aurangabad.

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Chandran

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(Vikash Jain, J)

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U T

Krishna Paswan and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Krishna Paswan and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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