Tutu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11712 of 2019 Arising Out of PS. Case No.-285 Year-2018 Thana- SONEPUR District- Saran ====================================================== Tutu Paswan, Son of Nanhak Paswan, resident of Village-Sultanpur, P.S. Sonepur, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-02-2019 The petitioner seeks bail in anticipation of his arrest in connection with Sonepur P.S. Case No. 285 of 2018 dated 05.04.2018 instituted for the offences under Sections 147, 148, 149, 323, 324, 307, 504, 354 of the Indian Penal Code.

For the petitioner having caught hold of the hand of the niece of the informant, an occurrence is said to have been taken place in which the petitioner and others are said to have assaulted the informant and others. Though the petitioner is attributed with the allegation of assaulting the informant by means of a sharp cutting weapon but as per the averments made in the F.I.R, the informant was only

Patna High Court CR. MISC. No.11712 of 2019(2) dt.26-02-2019 2/3 hurt on his wrist with an injury of a small dimension. Though the opinion of the injury suffered by the informant has been kept reserved but it has been opined to have been caused by hard and blunt substance and not by a sharp cutting weapon. There is a counter version of the occurrence also, though by way of a complaint.

It appears that a minor dispute was blown out of proportion where two families fought amongest each other. In any view of the matter, regard being had to the fact that petitioner has clean antecedents and the parties are neighbours as also the fact that continuation of criminal prosecution of the petitioner would create further bad blood between the families, this Court deems it appropriate to direct the petitioner to be released on anticipatory bail. The petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IInd, Saran,

Patna High Court CR. MISC. No.11712 of 2019(2) dt.26-02-2019 3/3 Chapra in connection with Sonepur P.S. Case No. 285 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T