Awadhesh Paswan @ Awadhese Paaswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16587 of 2019 Arising Out of PS. Case No.-4 Year-2019 Thana- PAUTHU District- Aurangabad ====================================================== 1.
Awadhesh Paswan @ Awadhese Paswan Son of Ramdeo Paswan 2.
Sudhir Paswan Son of Awadhesh Paswan 3.
Randhir Paswan Son of Awadhesh Paswan 4.
Sheo Nandan Paswan Son of Late Sahdeo Paswan 5.
Lalpari Devi Wife of Sri Brijnandan Paswan 6.
Brijnandan Paswan Son of Late Sahdeo Paswan All Resident of village-Itwa Wajirpur, P.S.-Pauthu, District-Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh For the Opposite Party/s :
Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-03-2019 Learned counsel for the petitioners is permitted to correct the name of petitioner No.4 in course of the day. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 447/341/323/308/504/506/34 of the Indian Penal Code. During course of assault petitioner No.2 Sudhir Paswan allegedly caused injury with Khanti at the head of the informant. The doctor has found lacerated wound on the right
Patna High Court CR. MISC. No.16587 of 2019(2) dt.15-03-2019 2/3 side and middle of the head simple in nature. Submission is that both sides are agnates. The FIR was lodged after delay of four days. The allegation is false and concocted one.
Considering the fact that petitioner No.2 Sudhir Paswan had knowledge that his act might cause death, I am not inclined to grant anticipatory bail to him. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner, the prayer for regular bail shall be disposed of without being prejudiced by the order of this Court.
There is general and omnibus allegation of commission of assault with lathi, fists and slaps against other petitioners. Hence, let the petitioners, above named except Sudhir Paswan, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Pauthu Police Station Case No. 4 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure
Patna High Court CR. MISC. No.16587 of 2019(2) dt.15-03-2019 3/3 as well as condition that the petitioners shall fully cooperate with the investigation of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Mkr./- U T