Patna High CourtCR. MISC./37955/2017bail granted

Munni Lal Paswan And ORS v. The State Of Bihar

2017-08-11Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37955 of 2017 Arising Out of P.S.Case No. -73 Year- 2017 Thana -FATEHPUR District- GAYA ======================================================

1. Munni Lal Paswan, S/o Late Jageshwar Paswan.

2. Sanjeev Kumar, S/o Munni Lal Paswan.

3. Kundan Paswan @ Kundan Kumar, S/o Mahesh Paswan.

4. Chandan Kumar, S/o Mahesh Paswan.

5. Vijay Paswan, S/o Late Bishun Paswan, All resident of Village Chapri, Police Station- Fatehpur, District- Gaya.

.... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioners : Mr. Sanjay Kr. Sinha, Advocate For the Opposite Party : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-08-2017 Heard.

2. The petitioners apprehend arrest in connection with Fatehpur P.S.Case No.73 of 2017 registered for an offence under Sections 147, 149, 341, 323, 504, 448, 379, 308 and 324 of the IPC.

3. The allegation as per written report is that on 13.03.2017 all the FIR named accused persons forming an unlawful assembly came at his house. They abused and assaulted the informant.

4. The learned counsel for the petitioners submits that the allegation of assault is omnibus against these petitioners. The

Patna High Court Cr.Misc. No.37955 of 2017 (2) dt.11-08-2017 2/2 specific allegation of assault by lathi is against Lakhan Paswan and so these petitioners deserve anticipatory bail.

5. Learned APP opposed the submissions.

6. On perusal of the impugned order, it appears that the informant sustained injury which was simple in nature. The allegation of assault is against Lakhan Paswan who is not petitioner before this Court. The payer for anticipatory bail as such is allowed. Let the above named petitioners in the event of their arrest or surrender within six weeks before the court below, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of ACJM-Xth, Gaya in connection with Fatehpur P.S.Case No.73 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sanjay Kumar, J) B.Kr./- U T