Bishun Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.57215 of 2015 (3) dt.19-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57215 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -KASHICHAK District- NAWADA ====================================================== Bishun Paswan, Son of Late Saudagar Paswan, Resident of Village - Birnama, P.S Kashichak, District Nawada.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar, Advocate. For the Opposite Party : Mr. Uday Pratap Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-04-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Kashichak P.S. Case No. 53/2015 registered for the offences punishable under Sections 341, 342, 323, 325, 337, 338, 307, 379, 353, 504, 506, 147, 148 and 149 of the Indian Penal Code.

The case diary in the present case was called for, which has been received.

Learned counsel for the petitioner submits that the allegation of Mar-Pit is not against this petitioner but on several other persons, as is evident from plain reading of the F.I.R. The injury report, which has formed a part of the case diary reveals

Patna High Court Cr.Misc. No.57215 of 2015 (3) dt.19-04-2016 that there was lacerated wound on scalp. However, apart from the petitioner, other persons who were part of the group are also said to have attacked with lathi and danda.

In view of the nature of the injuries and also on account of the fact that this petitioner has no criminal antecedent and further there is no cogent material in the case diary, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Kashichak P.S. Case No. 53/2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J.) Amit/- U T