Upendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24065 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- PUNPUN District- Patna ====================================================== 1.

UPENDRA PASWAN 2.

Jitendra Paswan Both are sons of Lalbabu Paswan 3.

Lalbabu Paswan,Son of Late Sakaldeep Paswan All are residents of Village - Paimar Ghat, P.S.- Punpun, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Pandit For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-04-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Punpun Police Station Case No. 02 of 2019, disclosing offences under Sections 341, 323, 379, 307, 504 and 506 of the Indian Penal Code.

There is allegation against the accused persons of having hurled abuses and assaulted the informant with sharp cutting weapon in his head.

Learned Counsel appearing on behalf of the petitioners has submitted that the injury has been found to be

Patna High Court CR. MISC. No.24065 of 2019(2) dt.15-04-2019 2/3 simple in nature and for the same occurrence, First Information Report has been lodged by the informant side also. It has been argued that it was because of some local dispute that the occurrence had taken place.

It has also been submitted that the petitioners shall not oppose any move for release of the persons, named in the First Information Report in the counter case, on bail considering the background in which the occurrence has place. Taking into account the statement so advanced on behalf of the petitioners, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Judicial Magistrate, 1st Class, Masaurhi, Patna, in connection with Punpun Police Station Case No. 02 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions,

Patna High Court CR. MISC. No.24065 of 2019(2) dt.15-04-2019 3/3 their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) ragini/- U T