This is an order granting anticipatory bail to three petitioners (father and sons) in an assault case. The condition imposes arrest within three weeks and bail bonds/security.
Petitioners granted anticipatory bail appearing within three weeks and furnishing bail bonds.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53920 of 2013
| ================================================ 1. Pundeo Paswan S/O Late Shanichar Paswan Resident Of Arai,P.S.Daudnagar, District Aurangabad. 2. Shani Deol Paswan @ Shani Deo Paswan S/O Pundeo Paswan Of Village Arai,P.S.Daudnagar, District Aurangabad. 3. Sudhir Paswan S/O Pundeo Paswan Resident Of Arai,P.S.Daudnagar, District Aurangabad. |
====== Village Resident Village |
|---|---|
| .... .... Pet Versus 1. The State Of Bihar .... .... Opposit ================================================ |
itioner/s e Party/s ====== |
| CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MAN ORAL ORDER |
DAL |
| 2 19-03-2014 Heard the parties. |
Petitioners herein are the father and two sons. They seek protection of anticipatory bail in connection with Daudnagar P.S. Case No. 322 of 2013 instituted under diverse sections of Penal Code including Section 307 IPC.
On bare perusal of the F.I.R., it appears that parties are related to each other. The two sons as well as the informant were assaulted by the accused persons. There is a counter version also in the shape of F.I.R. lodged on the same day by petitioner no. 1 wherein the victim of the case is said to have assaulted at the hands of the informant of the present case. Counsel for the petitioners, referring to the injuries reports (Annexure-3 series) as well as observations made by the learned Sessions Judge in the impugned order, contends that those injuries are superficial in
Patna High Court Cr.Misc. No.53920 of 2013 (2) dt.19-03-2014
2
nature. In fact, both the parties involved themselves in marpit in which simple injuries are said to have been received by them. Referring to paragraph 3 of the application, it has been stated that the petitioners have no criminal antecedent.
In fact facts and circumstances of the case, in the event of their arrest or surrender in the Court below within three weeks, the petitioners abovenamed shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 322 of 2013 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that one of the bailors shall be own/close relative of the petitioners.
(Kishore Kumar Mandal, J)
Pankaj/-
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioners in connection with the FIR regarding assault.
Whether the petitioners have no criminal antecedents.
Whether the petitioners should be enlarged on bail after arrest or surrender within three weeks.
1 provisions across 1 enactments
Pundeo Paswan and others
The State of Bihar
Kishore Kumar Man
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
