Patna High CourtCR. MISC./59614/2018partly allowed disposal

Rudal Paswan And ANR v. The State Of Bihar

2018-10-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59614 of 2018 Arising Out of PS.Case No. -417 Year- 2018 Thana -MOHANIYA District- BHABHUA (KAIMUR) ======================================================

1. Rudal Paswan, son of Bishwanath Paswan,

2. Lav Paswan, son of Bishwanath Paswan, both resident of villageGheghia, P.S.- Mohania, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s: Mr. Shailendra Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 06-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Mohania P.S. Case No.417 of 2018 instituted for the offence under Section(s) 341, 323, 307/34, 504 Indian Penal Code.

It is alleged against petitioner No.2 that he assaulted the brother of the informant, Munna Paswan, on the head with Tangi as a result of which he sustained serious injury. There is no allegation of specific overt act against petitioner No.1. Injury reports have been annexed as Annexure-3 series, which shows that Munna Paswan has sustained lacerated bleeding wound on frontal scalp with frontal compound

Patna High Court Cr.Misc. No.59614 of 2018 (2) dt.06-10-2018 2/2 depressed and orbital fracture with protruding brain matter. He was referred to Higher Centre for needful. Injury was found to be grievous.

In view of such, this Court is not inclined to grant bail to petitioner No.2, Lav Paswan.

Prayer of the petitioner No.2, Lav Paswan, for grant of bail is rejected at this stage.

So far petitioner No.1, Rudal Paswan, is concerned, there is no allegation of specific overt act against him. In the facts and circumstances of the case, prayer of the petitioner No.1, Rudal Paswan, for grant of bail is allowed. Let him be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur, Bhabhua, in connection with Mohania P.S. Case No.417 of 2018, subject to the condition that both the bailors shall be close relative of the petitioners.

(Sanjay Priya, J) JA/- U T