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Patna High CourtCR. MISC./68827/2018bail granted

Sujay Paswan And ORS v. The State Of Bihar

2018-12-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68827 of 2018 Arising Out of PS. Case No.-258 Year-2018 Thana- PUPRI District- Sitamarhi ======================================================

1. Sujay Paswan, aged about 68 years, Son of Late Jhari Paswan,

2. Phool Kumari Devi, aged about 67 years, Wife of Sujay Paswan,

3. Ram Sundari Devi @ Ram Sundar Devi @ Ram Sundar Devi, aged about 65 years, Wife of Sujay Paswan,

4. Raghubir Paswan, aged about 65 years, Son of Late Janki Paswan,

5. Leela Devi, aged about 56 years, Wife of Raghubir Paswan,

6. Lalita Devi, aged about 40 years, Wife of Amrendra Kumar Keshari, null

7. Poonam Devi, aged about 30 years, Wife of Bharat Bhushan Saroj,

8. Urmila Devi, aged about 29 years, Wife of Nand Kishore Paswan,

9. Sabita Kumari, aged about 17 years, D/o Raghubir Paswan,

10. Bharat Bhushan Saroj, aged about 35 years, Son of Sujay Paswan, 11.Nand Kishore Paswan, aged about 34 years, S/o Raghubir Paswan, All are resident of Village- Baghasati, P.S.- Pupari, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Choudhary For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 354, 504 and 506 of the Indian Penal Code.

The prosecution case, in brief, is that while the father-in-law of the informant was levelling the way, the accused persons came there

Patna High Court Cr.Misc. No.68827 of 2018(2) dt.17-12-2018 2/2 and started abusing and on protest made by him, he was assaulted by accused persons.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. There is case and counter case between the parties. Free fight is alleged to have taken place. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Pupari P.S. Case No. 258 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T