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Patna High Court - Orders

Mahendra Paswan vs The State Of Bihar on 24 September, 2019

Author: Rajendra Kumar Mishra

Bench: Rajendra Kumar Mishra

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60506 of 2019
                     Arising Out of PS. Case No.-338 Year-2019 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
           1.     Mahendra Paswan Son of Late Rash Bihari Paswan Resident of Village-
                  Dharupur, Police Station-Bikramganj, District-Rohtas at Sasaram.
           2.    Binod Paswan Son of Late Rash Bihari Paswan Resident of Village-
                 Dharupur, Police Station-Bikramganj, District-Rohtas at Sasaram.
           3.    Dhiraj Paswan @ Dhiraj Kumar Son of Late Rash Bihari Paswan Resident
                 of Village-Dharupur, Police Station-Bikramganj, District-Rohtas at Sasaram.
           4.    Suraj Paswan @ Suraj Kumar Son of Late Rash Bihari Paswan Resident of
                 Village-Dharupur, Police Station-Bikramganj, District-Rohtas at Sasaram.
           5.    Bijendra Paswan @ Bijendra Kumar Son of Late Kankan Paswan Resident
                 of Village-Dharupur, Police Station-Bikramganj, District-Rohtas at Sasaram.
           6.    Anil Paswan Son of Late Momaru Paswan Resident of Village-Dharupur,
                 Police Station-Bikramganj, District-Rohtas at Sasaram.
           7.     Chhotelal Paswan Son of Late Momaru Paswan Resident of Village-
                  Dharupur, Police Station-Bikramganj, District-Rohtas at Sasaram.
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raghunandan Kumar Singh
                 For the Opposite Party/s :       Mr.Md. Matloob Rab
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                                       ORAL ORDER

2   24-09-2019

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bikramganj P.S. Case No. 338 of 2019, registered under Section 307 and other allied Sections of the Indian Penal Code.

The accusation is that in the evening of 05.07.2019, all petitioners came near the informant, Hareram Paswan, and started to abuse him. When he made protest then all caused injury to him Patna High Court CR. MISC. No.60506 of 2019(2) dt.24-09-2019 2/2 through lathi, Farsa and sward, in which, he sustained injury at his head and finger. When his son and wife, Santosh Kumar and Rambha Devi came to save him then they were also assaulted.

Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. but no specific overt act overt act has been attributed against them. Moreover, the injuries, as found on the person of informant, his son and wife, are simple in nature, except one injury, which is on the ring finger of the informant, regarding which, opinion of nature of injury is kept reserved. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bikramganj, Rohtas, in connection with Bikramganj P.S. Case No. 338 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/-

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