High Court Patna High Court - Orders

Pachu Paswan &Amp; Ors vs The State Of Bihar on 2 July, 2010

Patna High Court – Orders
Pachu Paswan &Amp; Ors vs The State Of Bihar on 2 July, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.20559 of 2010
                 1. PACHU PASWAN SON OF LATE DHANUSHI PASWAN
                 2. LAKSHU PASWAN SON OF LATE DHANUSHI PASWAN
                 3. BHAVIKHAN PASWAN SON OF JANAK PASWAN
                 4. MUKESH PASWAN SON OF PACHU PASWAN
                                            Versus
                                  THE STATE OF BIHAR
                                          -----------

3. 2.7.2010 Heard learned Counsel for the petitioners and the

State.

The petitioners seek bail in a case instituted for the

offence under Sections 341, 323, 504/34 and 302 of the Indian

Penal Code.

It has been submitted that on account of land dispute a

free fight ensued between two parties, for which two cases were

instituted, one of either side. The petitioners’ case is earlier in time.

So far the allegation in the first information report is concerned, it is

general in nature which appears to have happened in the midst of

an altercation between relations.

In view of such, let the petitioners above named, who

are in custody since 16.12.2009 and have no criminal antecedents,

be released on bail on furnishing bail bond of Rs.5,000/- (Five

thousand) each with two sureties of the like amount each to the

satisfaction of Chief Judicial Magistrate, Motihari in Muffasil

(Lakhaura) P.S.case No.230 of 2009, subject to the conditions (i)

That one of the bailors will be a close relative of the petitioners who

will give an affidavit giving genealogy as to how he is related with

the petitioners. The bailor will undertake to furnish information to
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the court about any change in the address of the petitioners, (ii)

that the affidavit shall clearly state that the petitioners are not an

accused in any other case and if they are they shall not be

released on bail, (iii) that the bailor shall also state on affidavit that

he will inform the court concerned if the petitioners are implicated in

any other case of similar nature after their release in the present

case and thereafter the court below will be at liberty to initiate the

proceeding for cancellation of bail on the ground of misuse and (iv)

that the petitioners will give an undertaking that they will receive

the police papers on the given date and be present on date fixed

for charge and if they fail to do so on two given dates and delays

the trial in any manner, their bail will be liable to be cancelled for

reasons of misuse.

( Anjana Prakash, J. )

Narendra/