Mukesh Kumar Paswan @ Mukesh Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36523 of 2016 Arising Out of PS.Case No. -83 Year- 2016 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Mukesh Kumar Paswan @ Mukesh Paswan, son of Sheopujan Paswan.

2. Yugesh Paswan alias Yugesh Kumar, son of Sheopujan Paswan. Both residents of village-Dhobaul, P.S. Aurangabad, DistrictAurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 16-09-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Aurangabad (M) P.S. Case No.83 of 2016 registered under Sections 341, 323, 307 and 504/34 of the Indian Penal Code. The accusation is that both the petitioners assaulted the informant Chinta Devi through lathi in which she sustained blood oozing injury on her head and injuries on her other parts of the body.

Submission is that the informant is the aunt of the petitioners and the occurrence took place on account of cutting of bamboo from the bamboo clamp and in that course, the informant

Patna High Court Cr.Misc. No.36523 of 2016 (2) dt.16-09-2016 2/2 fell down on the ground and sustained injuries but due to ulterior motive, this false case has been lodged. Further submission is that it would appear from the impugned order dated 11.07.2016 passed by the Sessions Judge, Aurangabad, in A.B.P. No.569 of 2016, whereby the prayer of the petitioner for grant of anticipatory bail has been rejected that though the witnesses have supported the prosecution case in the case diary but there is no injury report available in the case diary.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad (M) P.S. Case No.83 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T