Akhilesh Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.56471 of 2017 (2) dt.06-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56471 of 2017 Arising Out of PS.Case No. -213 Year- 2016 Thana -CHAUSA District- MADHEPURA ====================================================== Akhilesh Paswan, S/o Bindeshwari Paswan, Resident of Village- Arajpur Goth, P.S.- Chousa, District- Madhepura.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Yadav For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Chausa P.S. Case No. 213 of 2016, registered under Sections 341, 323, 307, 354, 379, 504 and 506 of the Indian Penal Code. The accusation is that on 27.11.2016, at about 12 A.M., four persons named in the F.I.R. including the petitioner having armed with lathi and iron rod came near the informant, Kishnath Paswan, and started to abuse him. At that time, Mithilesh Paswan, gave iron rod blow at his head whereas Meera Devi, Munna Paswan and this petitioner also caused injury to him through lathi and danda.

Learned counsel for the petitioner submits that, in fact,

Patna High Court Cr.Misc. No.56471 of 2017 (2) dt.06-12-2017 petitioner and the informant are agnates and due to land dispute hot talk was exchanged, in which, informant sustained slight injury. Further submission is that the specific allegation against Mithilesh Paswan to cause injury at the head of the informant. Moreover, the injuries, as found on the person of the informant, are simple in nature.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Udakishunganj, Madhepura/Successor Court in connection with Chausa P.S. Case No. 213 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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