Bhantoo Paswan @ Mantu Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31226 of 2016 Arising Out of PS.Case No. -76 Year- 2016 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhantoo Paswan @ Mantu Paswan

2. Santoo Paswan Both Sons of Raghunath Paswan, Both Residents of Village- Madhubani Ghat, P.S. Muffasil, District East Champaran.

3. Suresh Paswan, Son of Ramjivan Paswan, Resident of Villagechampapur, P.S. Patahi, District East Champaran.

4. Sharan Paswan son of late Mukhlal Paswan, Resident of Village Saroghar, P.S. Chiraiya, District East Champaran.

5. Chandrika Paswan, Son of Laxman Paswan, Resident of Village - Sirha Kothi, P.S. Pakarideyal, District East Champaran. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Abhishek Kumar, Advocate For the State : Mr. Sri Nityanand, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-08-2016 I have heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case registered for offences punishable under Sections 147, 148, 341, 323, 325, 307, 379, 509/34 of the Indian Penal Code and 27 of Arms Act.

It is contended on behalf of petitioners that both the sides are agnates and altercation has taken place in view of land dispute. The injuries are simple in nature though there is

Patna High Court Cr.Misc. No.31226 of 2016 (2) dt.09-08-2016 2/2 allegation that petitioner no. 2 Santoo Paswan has assaulted Ishwarlald Paswan by farsa but the injury is simple in nature caused by hard and blunt substance. One of the injuries received by Gita Devi has been found to be grievous in nature but it is caused by Lalita Devi, Marachhi Devi and Indu Devi who have been granted bail by a coordinate Bench of this Court vide order dated 9.8.2016 passed in Cr. Misc. No. 30905 of 2016. Having regard to the facts and circumstances of the case let petitioner Bhantoo Paswan @ Mantu Paswan, Santoo Paswan, Suresh Paswan, Sharan Paswan and Chandrika Paswan be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Muffasil P.S. Case No. 76 of 2016, on furnishing bail bond of Rs.

10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari subject to the conditions as laid down under subsection(2) of Section 438 of the Code of Criminal Procedure. (Dr.