IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28811 of 2011
1.Nagmani Paswan, Son of Barhu Paswan.
2.Deomani Paswan, Son of Barhu Paswan.
3.Ajay Paswan, Son of Barhu Paswan.
4.Dawesh Paswan, Son of Barhu Paswan.
5.Sunil Paswan, Son of Baharan Paswan.
All are the resident of village Khusdihara, P.S. Paliganj, District Patna.
---------- Petitioners
Versus
The State Of Bihar
-------- Opposite Party
-------------
02/- 16.09.2011 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
All the five petitioners apprehend their arrest in
connection with a case registered for the offence punishable under
Sections 147, 148, 149, 341, 323, 325, 307 and 504 of the Indian
Penal Code, are named out of eight in this case of assault to the
informant side.
Submission is that on the eve of Holi, there was
some dispute between the parties and counter case by way of
Harizan P.S. Case No. 79 of 2011 was also instituted. However,
parties are co-villagers and resolved the disputes, accordingly, in
this regard petition for compromise has been filed in both the
cases. Moreover, the injuries sustained are not grievous in nature.
Considering the facts and circumstances of the case, in
the event of the informant and all the four injured person of the
case by appearing before the court below supports the factum of
compromise with their free will and consent without any coercion
and also stood as one of the bailors, one of the bailors must be the
informant or the four injured person, in the event of their
arrest/surrender before the court below within four weeks, let the
above named petitioners be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand only) each with two sureties of
the like amount each to the satisfaction of Additional Chief
Judicial Magistrate, Danapur, in connection with Paliganj P.S.
Case No. 63 of 2011, G.R. No. 619 of 2011, subject to condition
laid down under Section 438(2) of the Criminal Procedure Code
with additional condition to remain physically present before the
court below till disposal of the case and in case of failure on two
consecutive dates, without giving any reasonable explanation, the
liberty granted shall be deemed to be cancelled.
Praveen/- ( Akhilesh Chandra, J.)