Jagnarain Paswan @ Jagnarayan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8834 of 2020 Arising Out of PS. Case No.-72 Year-2019 Thana- TANDWA District- Aurangabad ====================================================== 1.
JAGNARAIN PASWAN @ JAGNARAYAN RAM S/o Late Keshwar Paswan R/o village- Simari Bechain @ Semmri Bechain, P.S.- Tandawan, District- Aurangabad (Bihar) 2.
Neeraj Paswan S/o Jagnarain Paswan @ Jagnarayan Ram R/o villageSimari Bechain @ Semmri Bechain, P.S.- Tandawan, District- Aurangabad (Bihar) 3.
Deepak Paswan S/o Lakhan Paswan R/o village- Simari Bechain @ Semmri Bechain, P.S.- Tandawan, District- Aurangabad (Bihar) 4.
Ritesh Paswan S/o Jagnarain Paswan @ Jagnarayan Ram R/o village- Simari Bechain @ Semmri Bechain, P.S.- Tandawan, District- Aurangabad (Bihar) 5.
Bharwa Paswan S/o Jugri Paswan R/o village- Simari Bechain @ Semmri Bechain, P.S.- Tandawan, District- Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yugal Kishore, Adv.
Mrs. Rupa Kumari, Adv.
For the Opposite Party/s :
Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2020 Heard the learned counsel for the petitioners and the learned APP for the State.
This is an application for grant of anticipatory bail in connection with Tandwan P.S. Case No. 72 of 2019, registered for the offence punishable under Sections 341, 323, 324, 308, 379, 34 of the Indian Penal Code.
The allegation is regarding the accused persons including the petitioners having assaulted the informant and his family
Patna High Court CR. MISC. No.8834 of 2020(2) dt.29-02-2020 2/3 members resulting in injuries being inflicted upon them. The learned counsel for the petitioners has submitted that the petitioners are innocent, they are having a clean antecedent and they have been falsely implicated in the present case on account of one case being lodged by the wife of the petitioner no. 1 against the prosecution party. It is further submitted that it has been categorically stated in paragraph nos. 7 and 8 of the present petition that the injuries found on the person of the injured are simple in nature. The learned counsel for the petitioners has also submitted that the petitioners will definitely join ensuing investigation and trial, if any. The learned counsel for the informant has vehemently opposed the prayer for bail but has not been able to deny the fact that the injuries inflicted upon the prosecution party are simple in nature.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.
Accordingly, the petitioners are directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of
Patna High Court CR. MISC. No.8834 of 2020(2) dt.29-02-2020 3/3 receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Ist, Aurangabad in connection with Tandawan P.S. Case No. 72 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Ajay/- U T