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
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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/