Partly allowed

Subodh Paswan and Ors. v. The State Of Bihar

Patna HC17 Feb 2017CR. MISC./3057/2017

Case brief

AI extract

What is this about?

In a batch for anticipatory bail under Sections 341, 323, 325, 308, 448 IPC and PW Act, the court denied bail to petitioner 1 due to the grave nature of the alleged head injury. Bail on bond conditions was granted to remaining petitioners not involved in severe injuries.

What did the court decide?

Bail denied to Subodh Paswan. Others granted bail on ₹10,000 bond with two sureties each, to be surrendered within 4 weeks.

Subodh Paswan and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No.3057 of 2017

¶3

Arising Out of PS.Case No. -33 Year- 2016 Thana -RISHIUP District- AURANGABAD

¶4

======================================================

¶5

Subodh Paswan, son of late Tapeshwar Paswan

¶6

Akhilesh Paswan, son of late Tapeshwar Paswan

¶7

Kaleshwar Paswan, son of late Nanak Paswan

¶8

Lalan Paswan, son of Baleshwar Paswan

¶9

Sanjay Paswan, son of Baleshwar Paswan, all residents of village Matihani, P.S. Risiup, district Aurangabad .... Petitioners Versus

¶10

The State of Bihar .... Opposite Party

¶11

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

¶12

For the Petitioners : Mr. Bindeshwar Prasad Singh, Adv. For the Opposite Party : Mr. Abhay Kumar – 1, APP 186

¶13

======================================================

¶14

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

¶15

2 17-02-2017 Heard the learned counsel for the petitioners and the

¶16

State.

¶17

This is a petition for grant of anticipatory bail for offences under Sections 341, 323, 325, 308, 448, 379 and 504/34 of the Indian Penal Code and 3 and 4 of the Prevention of Witch Practices Act, 1995.

¶18

Allegation against petitioner no. 1, Subodh Paswan, is to have caused injury at the head of Shanti Devi.

¶19

Since, petitioner, Subodh Paswan, had knowledge that his act might cause death, I am not inclined to grant anticipatory bail to him.

¶20

The prayer for anticipatory bail on behalf of petitioner no. 1, Subodh Paswan, is rejected.

¶21

Considering fact that other petitioners have not caused injury on any vital part of the body of the informant, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of

¶22

Patna High Court Cr.Misc. No.3057 of 2017 (2) dt.17-02-2017

¶23

2/2

¶24

Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Risiup P.S. Case No. 33 of 2016 to the satisfaction of the Chief Judicial Magistrate, Aurangabad , or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

¶25

(Birendra Kumar, J)

¶26

SA/-

¶27

U √ T √

Subodh Paswan and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Subodh Paswan and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajiv Prasad Chaurasia @ Rajiv Kumar Vs State Of Bihar and Anr.

Upendra Yadav Vs State Of Bihar and Anr.

Uttam Narain Singh and Anr. Vs State Of Bihar and Anr.

Dineshwar Yadav Vs The State Of Bihar

Triloki Nath Vs The State Of Bihar

Damodar Rai and Anr. Vs The State Of Bihar