Sant Lal Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49349 of 2018 Arising Out of PS.Case No. -195 Year- 2018 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Sant Lal Paswan, Son of Late Suraj Paswan,

2. Gautam Kumar, Son of Naresh Paswan.

3. Ajeet Paswan @ Ankit Kumar, Son of Naresh Paswan.

4. Ganesh Paswan, Son of Ram Briksh Paswan.

5. Kamesh Paswan @ Kamesh Paswan, Son of Ram Briksh Paswan, All resident of Village- Turki Police Station- Kurhani, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pradhan Murli Manohar Prasad Mr. Raju Kumar Goswami For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan For the Informant :

Mr. Mithilesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Kudhani P.S.Case No.195 of 2018 , registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307,379, 448, 504 and506 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant and others, causing injury.

Submission of the learned counsel for the petitioners is that there is case and counter case and the injuries are simple in nature. Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that there

Patna High Court Cr.Misc. No.49349 of 2018 (2) dt.28-08-2018 2/2 is repeated blow on the informant. .

Having heard both sides and in view of the facts and circumstances, as stated above let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Judge 3rd- cum-ACJ (West) Muzaffarpur in connection with Kudhani P.S.Case no.195 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T