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Patna High CourtCR. MISC./58909/2018disposed

Pankaj Paswan And ANR v. The State Of Bihar

2018-09-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58909 of 2018 In Criminal Miscellaneous No.37982 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Khagaria ======================================================

1. Pankaj Paswan

2. Bipin Paswan, Both Sons of Ram Balak Paswan, Resident of Village- Marandih, P.S. Morkahi, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-09-2018 Heard learned counsels for the parties.

The present application has been filed for modification of the order dated 05.07.2018 passed in Cr. Misc. No.37982 of 2018 in connection with Morkahi P.S. Case No. 176 of 2017 pending in the Court of learned SDJM, Khagaria to the extent of modification of the condition whereby this Court directed the learned Court below to accept the bail bonds of the petitioners if the injuries of the informant's side are found to be simple. It is submitted by learned counsel for the petitioner that though the date of occurrence is 10.11.2017, but the injury report of Amarjeet Paswan is dated 30.07.2018, where one of the injuries is simple whereas it is stated that as per F.I.R.

Patna High Court Cr.Misc. No.58909 of 2018(2) dt.19-09-2018 2/2 Amarjeet was assaulted by iron rod by Bipin Paswan and when the informant came to rescue her husband, Petitioner No. 1 Pankaj Paswan assaulted her.

The order dated 05.07.2018 passed in Cr. Misc. No.37982 of 2018 is clarified only to the extent that if the grievous injury has been caused by only Bipin Paswan then he has not been deemed to have been granted anticipatory bail, but if the grievous injury has not been caused by Pankaj then his bail bond will be accepted.

This modification application is disposed of. (Dinesh Kumar Singh, J) anil/- U