Bipin Paswan @ Bipin Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53740 of 2018 Arising Out of PS. Case No.-550 Year-2017 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ======================================================

1. Bipin Paswan @ Bipin Kumar, S/o Binod Paswan @ Ram Vinod Paswan,

2. Vikash Paswan @ Bikash Kumar, S/o Binod Paswan @ Ram Vinod Paswan,

3. Binod Paswan @ Ram Binod Paswan, S/o Late Jagadish Paswan, All are resident of village Chakabdul Gani, P.S.- Samastipur (Mufasil), Dist- Samastipur.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11-09-2018 Heard Sri Ajay Kumar, learned counsel for the petitioners and learned Addl. Public Prosecutor. Three petitioners, apprehending their arrest in Samastipur Mufassil P.S. Case No. 550 of 2017 registered for offence under Sections 307, 323, 341, 354(B) , 504, 506/34 of the Indian Penal Code, have prayed for grant of bail, in the event of their arrest or surrender.

Learned counsel for the petitioners has drawn my attention to Annexure-2 of the petition i.e. F.I.R. lodged from petitioners side against the informant side of the present case. It has been argued that there was case and counter case in between the parties and the informant of the present case was aggressor

Patna High Court Cr.Misc. No.53740 of 2018(3) dt.11-09-2018 2/2 and in the case, the petitioners side has received serious injuries, whereas the injury on the person of the informant of the present case was noticed as simple in nature, which fact has been reflected in the order dated 14-03-2018 passed by the learned 1st Additonal Sessions Judge, while dismissing the prayer for anticipatory bail.

Besides hearing, I have also perused the material on record and after going through the same, I am of the opinion that it is a fit case for passing favourable order. Accordingly, in the event of their arrest or surrender within a period of six weeks from today, let the petitioners, namely, (i)Bipin Paswan @ Bipin Kumar (ii)Vikash Paswan @ Bikash Kumar and (iii)Binod Paswan @ Ram Binod Paswan be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two surities of the like amount each to the satisfaction of learned A.C.J.M. - V, Samastipur in connection with Samastipur Mufassil P.S. Case No. 550 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J.) nawalkrs/- U T