Ram Muni Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43018 of 2018 ====================================================== Ram Muni Paswan, S/o Ramgobin Paswan, R/o Vill.- Bheria P.S.- Ara Muffasil, Distt.- Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, App ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Ara (M) P.S. Case No. 150 of 2018 registered under Sections 147, 148, 341, 323, 504, 307, 337 and 427 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that save and except Section 307 of the Indian Penal Code all other sections under which the first information report has been lodged are bailable in nature. It is further stated that a dispute had arisen between the parties, who are neighbours and as per F.I.R. the petitioner is said to have assaulted with lathi to the son of the informant for which a case under section 307 of the Indian Penal Code has been registered, but from perusal of the first information report itself, it would transpire that there

Patna High Court Cr.Misc. No.43018 of 2018 (2) dt.20-07-2018 was no intention to kill the son of the informant and there is no allegation of repetition of any blow. Since there was no intervening circumstance had there been an intention to kill, the petitioner would have certainly repeated the blow. Referring to the order passed by learned Sessions Judge whereby the application for grant of pre-arrest bail of the petitioner has been rejected, it has been submitted that the injuries sustained by the injured persons were all simple in nature.

Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. Considering the facts and circumstances of the case and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara (M) P.S. Case No. 150 of 2018 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/SkSuman.

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