Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27144 of 2019 Arising Out of PS. Case No.-514 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Ashok Paswan, Son of Saryug Paswan, Resident of Village - Araji Kanchanpur, P.S.- Bidupur, District - Vaishali 2.

Sonu Paswan, Son of Ashok Paswan, Resident of Village - Araji Kanchanpur, P.S.- Bidupur, District - Vaishali 3.

Ramjee Paswan, Son of Ashok Paswan, Resident of Village - Araji Kanchanpur, P.S.- Bidupur, District - Vaishali 4.

Munna Paswan, Son of Ashok Paswan, Resident of Village - Araji Kanchanpur, P.S.- Bidupur, District - Vaishali 5.

Rajbindar Paswan, Son of Naga Paswan, Resident of Village - Araji Kanchanpur, P.S.- Bidupur, District - Vaishali 6.

Rajesh Paswan, Son of Basudeo Paswan, Resident of Village - Araji Kanchanpur, P.S.- Bidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bidupur P.S. Case No. 514 of 2018, registered under Sections 341, 323, 325, 307, 379, 504, 506 and 447/34 of the Indian Penal Code.

The accusation is that Ashok Paswan (petitioner no.1) used to sale the liquor from his house and when informant,

Patna High Court CR. MISC. No.27144 of 2019(5) dt.17-08-2019 2/3 Shatrughna Paswan, made protest then Ashok Paswan (petitioner no. 1) threatened to kill him. On 06.10.2018, at about 10 P.M., 15 persons named in the F.I.R. including the petitioners entered in his house and started to abuse his brother, Bachu Paswan and caused assault to him. At that time, Naga Paswan caused injury at the head of his brother, Bacchu Paswan through sword and Sonu Paswan (petitioner no. 2) and Ramjee Paswan (petitioner no.3) started to assault his mother through lathi and took gold chain from Suman Devi. Thereafter, Rajbindar Paswan (petitioner no. 5) and Rajesh Paswan (petitioner no. 6) caused injury to Kavita Devi with lathi whereas Munna Paswan (petitioner no. 4) and Kallu Paswan caused injury to Suman Devi through lathi. In the meantime, Bimla Devi, snatched gold chain and Dholna from Savita Devi.

Learned counsel for the petitioners submits that due to old enmity, occurrence took place, in which, petitioners' side also sustained injury, regarding which, Bidupur P.S. Case No. 523 of 2018 is instituted on the basis of written report of Bindu Devi, wife of petitioner no.1. Moreover, the injuries, as found on the person of informant and his other family members, are simple in nature and petitioners have no criminal antecedent. Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.27144 of 2019(5) dt.17-08-2019 3/3 case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIV, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 514 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T