Ritesh Paswan @ Shatrughna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 38009 of 2016 Arising out of P.S. Case No. -92 Year- 2016 Thana -SONEPUR District- SARAN ============================================== Ritesh Paswan @ Shatrughna Kumar, Son of Arjun Paswan, Resident of Village- Badurahi, P.S. Sonepur, District- Saran at Chhapra, (Bihar).
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ============================================== Appearance :
For the Petitioner/s : Mr. Atul Chandra, Advocate. For the Opposite Party/: Sri Navin Kumar Pandey, APP. ============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER
02. 26.09.2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code.
It is contended on behalf of the petitioner that the petitioner was allegedly armed with "Daab" which is a sharpcutting weapon, however, there is no allegation of assault upon him. Allegation of assault is on co-accused, Arjun Paswan as well as other co-accused persons who were armed with "lathi" and "danda" whereas the petitioner was armed with "Daab". Arjun Paswan who has caused grievous injury by spade (Kudal)
Patna High Court Cr.Misc. No.38009 of 2016 (2) dt.26-09-2016 is already in custody whereas the petitioner has been alleged to be member of the unlawful assembly.
Having regard to the facts and circumstances of the case, let the petitioner, namely, Ritesh Paswan @ Shatrughna Kumar be released on bail in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with Sonepur P.S. Case No. 92/2016, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Saran subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.
Vikash/- (Dr. Ravi Ranjan, J.) U T