Ajay Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28812 of 2019 Arising Out of PS. Case No.-59 Year-2018 Thana- ADHOURA District- Kaimur (Bhabua) ====================================================== AJAY PASWAN S/o Shambhu Paswan R/o village- Jamuninar, P.S.- Adhoura, District- Kaimur (Bhabua) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Pathak For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-05-2019 Heard both sides.
The petitioner apprehends his arrest in Adhoura P.S. case No. 59 of 2018 registered under Section 147, 149, 323, 427, 353, 504 of the IPC.
The informant alleged that he along with other Constables went to village Jamuninar but there was none from the side of complainant. The informant returned to P.S. after asking five persons of each side to come to the P.S. on the next date for resolution of the dispute. The informant named 23 persons and alleged that about 100-150 unknown persons came to the P.S. and Kadir Ansari said to resolve the dispute immediately. Kadir Ansari and Sagir Ansari instigated the villagers and assaulted Vidyanand Prasad, A.S.I. of P.S. and ransacked the P.S.
Patna High Court CR. MISC. No.28812 of 2019(2) dt.01-05-2019 2/2 The learned counsel for the petitioner submits that informant, of course, named the petitioner but the petitioner remained outside the P.S. No overt act is alleged against the petitioner. Kadir Ansari and Sagir Ansari are alleged to have assaulted Vidyanand Prasad, A.S.I. of P.S. The petitioner had come to the P.S. on the order of informant.
Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Shri Shailendra Kumar, learned Judicial Magistrate, 1st class, Kaimur (Bhabua) in connection with Adhoura P.S. case No. 59 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T