Vijay Paswan @ Vijay Kumar Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10158 of 2019 Arising Out of PS. Case No.-174 Year-2018 Thana- DARBHANGA District- Darbhanga ====================================================== 1.

Vijay Paswan @ Vijay Kumar Paswan, Son of Surendra Paswan, Resident of Village - Ratnopatti, P.S. - Town, District - Darbhanga. 2.

Rita Devi Wife of Surendra Paswan Resident of Village - Ratnopatti, P.S. - Town, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Iqbal Asif Niazi For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-02-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Town Police Station Case No. 174 of 2018, disclosing offences punishable under Sections 341, 323, 324, 354, 504, 506, 379/34 of the Indian Penal Code.

From the First Information Report, it transpires that there was some scuffle between the parties, who are full brothers, over some petty dispute in relation to the partition. There is allegation against the co-accused Ajay of having made assault with khanti.

Learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.10158 of 2019(3) dt.27-02-2019 2/2 the injury has, however, been found to be simple in nature. Considering the genesis of occurrence and the nature of accusation, 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 bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Town Police Station Case No. 174 of 2018, 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) Ashish/- U T