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Patna High CourtCR. MISC./7711/2017bail granted

Rameshwar Paswan And ORS v. The State Of Bihar

2017-03-27Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7711 of 2017 Arising Out of PS.Case No. -196 Year- 2016 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Rameshwar Paswan,

2. Bindeshwar Paswan, S/o Jamuna Paswan,

3. Manish Paswan @ Manish Kumar

4. Bablu Paswan @ Bablu Kumar Paswan, S/o Rameshwar Paswan

5. Bijendra Paswan, S/o Janeshwar Paswan, All R/o Village- Dharampur, P.S.- Aurangabad, Muffasil Distt- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-03-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Aurangabad (Muffasil) P.S. Case No. 196 of 2016 for the offences punishable under sections 447, 341, 323, 324, 326, 307 and 504/34 of the I.P.C. Allegedly, the petitioners variously armed came at the door of the informant and assaulted the informant with farsa on his left arm causing injury and when father and other family members came for rescue they were also assaulted by them. The informant was firstly treated at Aurangabad Sadar Hospital and thereafter he

Patna High Court Cr.Misc. No.7711 of 2017 (3) dt.27-03-2017 2/2 was referred for better treatment. The informant was treated further in Sai Emergency and Trauma Hospital, Mithapur where his fardbeyan was recorded.

Submission is of false implication and that there is case and counter case, both sides have received injuries, there was free fight between the parties, there was no intention to kill any one, all the injuries are not on the vital parts and as such the petitioners deserve sympathetic consideration. The learned A.P.P. after going through the injury reports fairly submits that the injuries are not on the vital parts of the three injured.

In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. C.J.M. Aurangabad in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T