Patna High Court - Orders
Suresh Paswan & Ors vs The State Of Bihar on 26 September, 2016
Author: Sharan Singh
Bench: Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41013 of 2016
Arising Out of PS.Case No. -242 Year- 2014 Thana -MAHNAR District-
VAISHALI (HAJIPUR)
=====================================
1. Suresh Paswan
2. Manoj Paswan
Both sons of Late Hulas Paswan.
3. Pappu Paswan, son of Sri Sital Paswan.
4. Kusheshwar Paswan
5. Bindeshwar Paswan
Both sons of Narayan Paswan.
6. Ashok Kumar @ Ashok Paswan, son of Sri Kusheshwar
Paswan.
All residents of Village- Jawaj, P.S.- Mahnar, District-
Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
=====================================
Appearance :
For the Petitioner/s :Mr. Umesh Chandra Verma, Adv.
For the Opposite Party/s:Mr. Arun Kumar Singh -5, APP
=====================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL ORDER
2 26-09-2016Heard the parties.
This application, for grant of anticipatory bail, arises out of Mahnar P.S. Case No. 242 of 2014, disclosing Patna High Court Cr.Misc. No.41013 of 2016 (2) dt.26-09-2016 2/3 offences under Sections 147, 149, 341, 342, 447, 323, 324, 307, 379 and 504 of the Indian Penal Code.
The informant and petitioner Nos. 1 and 2 are full brothers. Over some land dispute between the parties, the occurrence is said to have taken place. Allegedly, co- accused, namely, Shambhu Paswan, assaulted the informant with the butt of his riffle on his waist, whereas co-accused, namely, Manoj Paswan, assaulted him with farsa. Other co-accused persons assaulted the informant's side with farsa etc. Learned counsel for the petitioners has submitted that there is counter version of the same occurrence on the basis of which Mahnar P.S. Case No. 238 of 2014 has been registered prior to registration of the present case. He has also submitted that all the injuries have been found to be simple in nature.
Considering the nature of dispute between the parties, being in the background, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 6th Additional Chief Judicial Magistrate, Vaishali at Hajipur, in Patna High Court Cr.Misc. No.41013 of 2016 (2) dt.26-09-2016 3/3 connection with Mahnar P.S. Case No. 242 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.)
Praveen-II/-c
U T