Satyendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4407 of 2020 Arising Out of PS. Case No.-115 Year-2019 Thana- PARAIYA District- Gaya ====================================================== 1.

SATYENDRA PASWAN S/o Late Ganga Paswan R/o village- Goli, P.S.- Paraiya, District- Gaya 2.

Ajit Kumar S/o Satyendra Paswan R/o village- Goli, P.S.- Paraiya, DistrictGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Sinha For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2020 Learned counsel for the petitioners is permitted to make necessary correction in the petition.

Heard learned counsels for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,448,341,323,506,307,325,379 and 354 of the IPC.

The prosecution case as per the Fardbeyan of Ramashish Yadav recorded by SI Subodh Kumar Singh at A.N. Magadh Medical College Hospital, Gaya is to the effect that on 17.7.2019 at 7.00 A.M. when the informant was in his house when six accused persons came and started abusing. On protest, on the order of co-accused Hiralal Paswan, co-accused Sunil Paswan assaulted with Garasa on the head of the informant and thereafter co-

Patna High Court CR. MISC. No.4407 of 2020(2) dt.28-02-2020 2/3 accused Hiralal Paswan assaulted with an axe causing bleeding injury on head of the informant. In the meantime, other accused persons also made assault. It is alleged against petitioner no. 1 that he pointed a pistol on the informant.

It is submitted by learned counsel for the petitioners that the accusation of assault has not been levelled against the petitioners and wife of petitioner no. 1 lodged Paraiya P.S. Case No. 114 of 2019 against the informant's side. Thereafter, the protest case has been lodged against the petitioners as retaliatory measure.

Learned APP submits that the petitioners are named in the FIR.

Considering the specific accusation of assault against other co-accused and the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks 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 CJM, Gaya in connection with Paraiya P.S. Case No. 115

Patna High Court CR. MISC. No.4407 of 2020(2) dt.28-02-2020 3/3 of 2019 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U