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Patna High CourtCR. MISC./2641/2019bail granted

Baiju Paswan And ORS v. The State Of Bihar

2019-04-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2641 of 2019 Arising Out of PS. Case No.-231 Year-2018 Thana- DESARI District- Vaishali ====================================================== 1.

Baiju Paswan, son of Kishuni Paswan R/o Village- Taiyabpur Kharjamma, P.S.- Desari, District- Vaishali.

2.

Mohan Paswan, son of Sitaram Paswan R/o Village- Taiyabpur Kharjamma, P.S.- Desari, District- Vaishali.

3.

Rajesh Paswan Mohan Paswan R/o Village- Taiyabpur Kharjamma, P.S.- Desari, District- Vaishali.

... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Anil Kumar(App78) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-04-2019 Petitioners seek bail in anticipation of their arrest in connection with Desari P.S. Case No. 231 of 2018, registered for the offences punishable under Sections 147, 148, 149, 448, 341, 323, 324, 307, 504, 506 and 379 of the Indian Penal Code. Allegation against the accused persons, including the petitioners is that they came variously armed and dragged the informant and started assaulting him and thereafter they entered inside his house and again started assaulting him and it is also alleged that other came to rescue the informant one Sohan Paswan took golden locket from the possession of Tuntun Paswan and fled away.

Patna High Court CR. MISC. No.2641 of 2019(5) dt.22-04-2019 2/2 Submission of learned counsel for the petitioners is that though there is allegation of assault against the petitioner No.1 by sharp-cutting weapon but there is no specific allegation against petitioner Nos. 2 and 3 and the injuries were found to be caused by hard and blunt substance and they are simple in nature.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, the provisional bail granted to the petitioners vide order dated 21.1.2019 is, hereby, confirmed and this application is allowed.

(Vinod Kumar Sinha, J) spal/- U T