Birendra Paswan And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14827 of 2019 Arising Out of PS. Case No.-53 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== 1.

Birendra Paswan S/o Late Ramchandra Paswan 2.

Satyendra Paswan S/o Late Ramchandra Paswan, both R/o village-Ashogi, P.S-Riga, District Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mrs.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 447, 341, 323, 307, 379, 504, 506 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant by means of farsa on his head, due to which he sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. From perusal of the order of the Sessions court, it

Patna High Court CR. MISC. No.14827 of 2019(2) dt.11-03-2019 2/2 is evident that the injury report is not available on the record. Hence it cannot be ascertained that whether an offence under Section 307 of the I.P.C. is made out or not. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with Riga P.S. case No.53 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T