Chandan Kushwaha @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31628 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- GUTHANI District- Siwan ====================================================== 1.

Chandan Kushwaha @ Chandan Kumar Son of Dilip Kushwaha Resident of Village- Selaur, P.S.- Guthani, District- Siwan. 2.

Azad Paswan @ Prabhat Manjhi Son of Motichand Paswan @ Motichand Dusad Resident of Village- Selaur, P.S.- Guthani, District- Siwan. 3.

Chandrashekhar Paswan Son of Motichand Paswan @ Motichand Dusad Resident of Village- Selaur, P.S.- Guthani, District- Siwan. 4.

Bittu Paswan Son of Motichand Paswan @ Motichand Dusad Resident of Village- Selaur, P.S.- Guthani, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-04-2022 Heard Mr. Javed Aslam, learned advocate for the petitioners and learned Additional Public Prosecutor representing the State.

The petitioners seek bail in anticipation of their arrest in connection with Guthani P.S. Case No. 17 of 2021 dated 20.01.2021 instituted for the offences under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code. The petitioners are said to have assaulted the Informant by different weapons. Even though the son of the accused persons including the petitioners are alleged to have

Patna High Court CR. MISC. No.31628 of 2021(3) dt.29-04-2022 2/2 been carrying firearm weapons, but those were never used. The learned counsel for the petitioners has submitted that the court below wanted to see the case diary but, the same was never supplied.

This Court had called for the case diary on 19.01.2022 which has since been received.

It appears that all the victims have received only simple injuries.

Learned counsel for the petitioners therefore has submitted that the occurrence took place in the heat of the moment without any premeditation.

Considering the aforenoted submissions and the materials collected during investigation, the provisional bail granted to the petitioners vide order dated 19.01.2022 is hereby confirmed.

The petitioners shall remain on the same bail bonds. The petition stands disposed of.

(Ashutosh Kumar, J) rishi/- U T