Patna High CourtCR. MISC./16795/2016bail granted

Pawan Paswan v. The State Of Bihar

2016-04-29Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.16795 of 2016 (2) dt.29-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16795 of 2016 Arising Out of PS.Case No. -574 Year- 2014 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Pawan Paswan Son of Ram Ayodhya Paswan resident of Jawahartola, Ara, P.S. Ara Nawadah, District - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.16816 of 2016 Arising Out of PS.Case No. -574 Year- 2014 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Suraj Paswan Son of Late Binod Paswan resident of Jawahartola, Ara, P.S. Ara Nawadah, District - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.16795 of 2016) For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s Mr. Arun Kr.Pandey(App) (In Cr.Misc. No.16816 of 2016) For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s Mr. Arun Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 29.04.2016 Both the above stated petitions arise out of Ara Nawadah P.S. Case no. 574/2014 registered under sections 384, 504, 506 of the IPC and accordingly, both the above stated petitions are being disposed of by this common order.

Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Patna High Court Cr.Misc. No.16795 of 2016 (2) dt.29-04-2016 Petitioners are not named in the first information report but in course of investigation, petitioner in Cr. Misc. no. 16816/2016 was arrested and made his confessional statement disclosing the involvement of petitioner in Cr. Misc. no. 16795/2016 and it appears that except the aforesaid material, I.O collected only one other circumstance which is said to be assault on the informant of the present case by the petitioners but submission on behalf of the petitioners is that, as a matter of fact, an altercation took place between the petitioners and the informant much prior to alleged occurrence for which Ara Nawadah P.S. Case no. 607/2014 was registered against the petitioners. It is further submitted that implication of the petitioner in this case is result of the aforesaid altercation for which Ara Nawadah P.S. Case no. 607/2014 had been registered.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that investigation of this case has already been completed, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Ara Nawadah P.S. Case no. 574/2014.

shahid (Hemant Kumar Srivastava,J) U T