Dinanath Paswan and ors. Vs. the State of Bihar

Dinanath Paswan and ors. vs The State of Bihar

Type Court Judgment Court Patna Decided May 13, 2012

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Citation: sooperkanoon.com/974895
Court: Patna High Court
Decided On: May 13, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Dinanath Paswan and ors.

Respondent

The State of Bihar

Excerpt

.....considering the same, let the petitioners, above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of four weeks from the date of receipt of the order on furnishing bail bonds of rs. 5,000/- (five thousand) each with two sureties of the like amount each or any other surety as fixed by the court to the satisfaction of chief judicial magistrate, rohtas at sasaram in connection with nokha p.s. case no”2. of 2011 subject to the conditions as laid down under section 438(2) of the code of criminal procedure as also subject to the following 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 also undertake to inform the court if there is 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. (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. (v) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. (anjana prakash, j.) vikash/-

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 43199 o”

1. Dinanath Paswan, S/o Late Devpujan Paswan, Resident of Village - Ghusian, P.S.- Nokha, District Rohtas.

2. Sanjay Paswan, S/o Devinath Paswan, Resident of Village - Ghusian, P.S.- Nokha, District Rohtas.

3. Sri Kant Paswan, S/o Devinath Paswan, Resident of Village - Ghusian, P.S.- Nokha, District Rohtas.

4. Raju Paswan, S/o Devinath Paswan, Resident of Village - Ghusian, P.S.- Nokha, District Rohtas.

5. Sri Bhagwan Paswan, S/o Devinath Paswan, Resident of Village - Ghusian, P.S.- Nokha, District Rohtas. Versus 1. The State of Bihar ------------------- 02. 13.01.2012 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 302, 201 and 120B of the Indian Penal Code. It has been submitted that the petitioners happen to be the father and brothers of the deceased whose wife complained that her husband had been killed by her in-laws since they were torturing her and the deceased was taking her side. However, there is no direct material with regard to murder of the deceased. Considering the same, let the petitioners, above named be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Nokha P.S. Case No”

2. of 2011 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following 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 also undertake to inform the Court if there is 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. (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. (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. (Anjana Prakash, J.) Vikash/-

Same Court & Year Patna · 2012 Same Parties Dinanath Paswan and ors. vs The State of Bihar Same Subject Education