Patna High Court - Orders
Hridyanand Paswan vs The State Of Bihar on 3 May, 2019
Author: Prakash Chandra Jaiswal
Bench: Prakash Chandra Jaiswal
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28616 of 2019
Arising Out of PS. Case No.-19 Year-2019 Thana- SIMRI District- Buxar
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1. Hridyanand Paswan Son of Ram Govind Paswan Resident of Village - Simri
(Bakulha Patti), P.S.- Simri, District- Buxar
2. Bhadokan Paswan Son of Ram Govind Paswan Resident of Village - Simri
(Bakulha Patti), P.S.- Simri, District- Buxar
3. Ravindra Paswan Son of Shiv Govind Paswan Resident of Village - Simri
(Bakulha Patti), P.S.- Simri, District- Buxar
4. Rajendra Paswan Son of Shiv Govind Paswan Resident of Village - Simri
(Bakulha Patti), P.S.- Simri, District- Buxar
5. Ram Govind Paswan Son of Shiv Govind Paswan Resident of Village -
Simri (Bakulha Patti), P.S.- Simri, District- Buxar
6. Nithali Paswan Son of Hira Lal Paswan Resident of Village - Simri (Bakulha
Patti), P.S.- Simri, District- Buxar
... ... Petitioners.
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER
2 03-05-2019Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Section 147, 148, 341, 323, 554, 554-B, 337, 307, 504 and 353 of the Indian Penal Code.
Over row of filling soil on the land Vidya Nand Paswan shoved the daughter of the informant on ground and Patna High Court CR. MISC. No.28616 of 2019(2) dt.03-05-2019 2/3 Hridyanand Paswan assulted on her head by means of spade, while other accused persons assaulted the informant and his sons by means of lathi and bricks. Vidya Nand Paswan also made his daughter semi nude during the course of occurrence.
Learned counsel for the petitioners submitted that no such occurrence as alleged ever took place. The petitioners are quite innocent and have been falsely implicated in this case. The allegation levelled against the petitioners are not specific rather general and omnibus in nature, barring the allegation against the Hridyanand Paswan of assaulting the daughter of the informant by means of spade. The injury sustained by the victim is simple in nature. There is land dispute between the parties. Earlier to the case under hand, informant had lodged a case against petitioner nos.1, 3 & 4 regarding the land dispute and they have been acquitted in the said case while petitioner nos.2, 5 & 6 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Patna High Court CR. MISC. No.28616 of 2019(2) dt.03-05-2019 3/3 Additional Chief Judicial Magistrate 4th, Buxar in connection with Simri P.S. Case No. 19 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) Trivedi/-
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