Kari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12888 of 2022 Arising Out of PS. Case No.-326 Year-2021 Thana- PATORI District- Samastipur ====================================================== 1.

AWADHESH PASWAN Son of Pavitra Paswan Resident of Village- Uttari Dumri, P.S.- Patory, District- Samastipur.

2.

Anil Paswan Son of Pavitra Paswan Resident of Village- Uttari Dumri, P.S.- Patory, District- Samastipur.

3.

Harish Chandra Paswan Son of Pavitra Paswan Resident of Village- Uttari Dumri, P.S.- Patory, District- Samstipur.

... ... petitioners/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 13825 of 2022 Arising Out of PS. Case No.-326 Year-2021 Thana- PATORI District- Samastipur ====================================================== KARI PASWAN S/o Late Ram Briksha Paswan R/o village- Uttari Dumri, P.S.- Patory, District- Samastipur ... ... petitioners/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 12888 of 2022) For the petitioners/s :

Mr.Dr. Om Prakash Om For the Opposite Party/s :

Mr.Bharat Lal, APP (In CRIMINAL MISCELLANEOUS No. 13825 of 2022) For the petitioners/s :

Mr.Dr. Om Prakash Om For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-09-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and

Patna High Court CR. MISC. No.12888 of 2022(2) dt.23-09-2022 2/3 learned APP for the State through video conferencing. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code, registered in connection with Patory (Mohanpur O.P.) P.S.Case No. 326 of 2021. As per the allegation, the accused persons were playing DJ in high volume. When the informant prohibited them as his son was suffering from illness they badly assaulted the informant and his family members. Petitioner Harishchandra Paswan assaulted informant on his head with Farsa. petitioner Anil Paswan assaulted him with rod and petitioner Kali Paswan assaulted Sheetal Paswan.

Learned counsel for the petitioners has submitted that the injuries are simple in nature and petitioners are the persons of clean antecedent. The occurrence took place on a very trivial issue for playing DJ in high volume.

Considering the above facts and circumstances and also clean antecedent of the petitioners, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.12888 of 2022(2) dt.23-09-2022 3/3 satisfaction of learned C.J.M., Samastipur in connection with Patori (Mohanpur O.P.) P.S.Case No. 326 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/-sonali U T