Bindeshwar Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69453 of 2018 Arising Out of PS. Case No.-220 Year-2018 Thana- DARBHANGA SADAR DistrictDarbhanga ======================================================

1. Bindeshwar Paswan, Son of Late Achchelal Paswan,

2. Sarwan Paswan @ Sarwan Kumar Paswan, Son of Bindeshwar Paswan

3. Ram Nath Paswan, Son of Bindeshwar Paswan, All resident of Village- Aami, P.S.- Sadar, District- Darbhanga. ... ... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Jawed Gaffar Khan For the Opposite Party/s :

Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Sadar P.S. Case No. 220 of 2018 registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.

There is specific allegation against petitioner no. 1 and 3 that they assaulted the informant and others. So far as petitioner no. 2 is concerned, no specific overt-act has been attributed against him. The impugned order goes to show that informant has sustained two injuries out of which one injury has been found grievous in nature.

Patna High Court Cr.Misc. No.69453 of 2018(2) dt.17-12-2018 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, the prayer for anticipatory bail of petitioner no. 1, namely, Bindeshwar Paswan and petitioner no. 3, namely, Ram Nath Paswan stand rejected. So far as petitioner no. 2 is concerned, it is ordered that petitioner no. 2, namely, Sarwan Paswan @ Sarwan Kumar Paswan, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in Sadar P.S. Case No. 220 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

It is made clear that this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of petitioner nos. 1 and 3. (Hemant Kumar Srivastava, J) shahzad/- U T