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Patna High CourtCR. MISC./19281/2020bail granted

Thokai Paswan v. The State Of Bihar

2020-10-09Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19281 of 2020 Arising Out of PS. Case No.-427 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== 1.

Thokai Paswan Son of Late Lattar Paswan Resident of Village - Amauja, P.S. - Phulparas, District - Madhubani.

2.

Tetar Paswan @ Tetar Pa @ Mukha Paswan Son of Late Khublal Paswan Resident of Village - Amauja, P.S. - Phulparas, District - Madhubani. 3.

Ramchandra Paswan Son of Khattar Paswan Resident of Village - Amauja, P.S. - Phulparas, District - Madhubani.

4.

Mahesh Kumar Paswan @ Mahesh Kumar Pa Son of Tetar Paswan @ Tetar Pa @ Mukha Paswan Resident of Village - Amauja, P.S. - Phulparas, District - Madhubani.

5.

Kankhi Paswan @ Kankhi Son of Late Lattar Paswan Resident of Village - Amauja, P.S. - Phulparas, District - Madhubani. 6.

Mahadu Kumar Paswan @ Mahadeo Paswan@ Mahadeo Pa Son of Thokai paswan Resident of Village - Amauja, P.S. - Phulparas, District - Madhubani. 7.

Kamlesh Paswan @ Kamlesh Kumar Pa Son of Kankhi Paswan @ Kanki Pa Resident of Village - Amauja, P.S. - Phulparas, District - Madhubani. 8.

Vimlesh Paswan Son of Kankhi Paswan Resident of Village - Amauja, P.S. - Phulparas, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-10-2020 Heard Mr. Gagan Deo Yadav, learned counsel for the petitioners and Mr. Akshay Lal Pandit, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Phulparas P.S. Case No. 427 of 2019 dated 10.12.2019 instituted for the

Patna High Court CR. MISC. No.19281 of 2020(3) dt.09-10-2020 2/3 offences under Sections 447, 341, 323, 324, 308, 379, 504 and 34 of the Indian Penal Code.

All the accused persons are alleged to have gone to the place of occurrence with respective weapons in their hands but only two of the injured persons appeared to have been assaulted. One Ratneshwar Singh has been assaulted by co-accused Suresh Paswan whereas Kewal Singh has been assaulted by Suresh Paswan and petitioner no. 6. The nature of injury suffered by Kewal Singh has not yet been confirmed from the D.M.C.H. There is nothing in the FIR to indicate the reason for the occurrence.

Considering the general and omnibus nature of assault against the petitioners and the informant having lodged another case with respect to the same occurrence against the accused persons, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 427 of 2019,

Patna High Court CR. MISC. No.19281 of 2020(3) dt.09-10-2020 3/3 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T