Amit Paswan @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21057 of 2019 Arising Out of PS. Case No.-429 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

AMIT PASWAN @ AMIT KUMAR S/O Singul Paswan, Resident of village- Rajaura (Pubari Tola), P.S.- Muffasil District Begusarai. 2.

Nand lal Paswan S/o Bijay Paswan @ Bigul Paswan, Resident of villageRajaura (Pubari Tola), P.S.- Muffasil District Begusarai. 3.

Santosh Paswan @ Santosh Kumar, S/O Bijay Paswan @ Bigul Paswan, Resident of village- Rajaura (Pubari Tola), P.S.- Muffasil District Begusarai. 4.

Ganesh Paswan S/O Ramswrup Paswan, Resident of village- Rajaura (Pubari Tola), P.S.- Muffasil District Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shree Niwas Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-04-2019 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 504/34 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report of Doman Paswan submitted before the Station House Officer, Begusarai Muffasil Police Station is to the effect that on 23.07.2018 at 7.00 A.M., co-accused Sanjay Paswan, petitioner no.1, Amit Paswan, petitioner no.2, Nand Lal Paswan,

Patna High Court CR. MISC. No.21057 of 2019(2) dt.05-04-2019 2/3 co-accused Gopal Paswan came at the house of the informant and started abusing him, when it was protested by the informant, they assaulted on the head of the informant with danda. It is further alleged that petitioner no.3, Santosh Paswan, co-accused, Masudan Paswan and Gopal Paswan pelted stones on the house of the informant causing injury to the son of the informant whereas co-accused Ghanshyan Paswan and Ganesh Paswan ordered to kill the informant.

It is submitted by learned counsel for the petitioners that the accusation has been levelled in the background of land dispute. It is further submitted that the accusation of pelting stones is omnibus and general and son of the informant did not receive any injury. Moreover, the injuries of the informant have been found superficial simple in nature. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioners are alleged to have participated in the alleged occurrence.

Considering the accusation being omnibus and general and the injury of the informant being found simple in nature coupled with statement made in paragraph no.3 of the

Patna High Court CR. MISC. No.21057 of 2019(2) dt.05-04-2019 3/3 petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai, in connection with Muffasil P.S. Case No.429 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T