Raj Kumar Pasawan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34321 of 2019 Arising Out of PS. Case No.-280 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.
RAJ KUMAR PASAWAN Son of Parikshan Pasawan Resident of VillageSilout, P.S.- Samastipur Muffasil, District- Samastipur. 2.
Sri Ram Pasawan @ Sri Ram Pawan Son of Parikshan Pasawan Resident of Village- Silout, P.S.- Samastipur Muffasil, District- Samastipur. 3.
Parikshan Pasawan Son of Late Tilesawar Pasawan Resident of VillageSilout, P.S.- Samastipur Muffasil, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamlesh Kumar Pathak For the Opposite Party/s :
Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2019 This application, for grant of anticipatory bail, arises out of Samastipur (Muffasil) P.S. Case No. 280/18, disclosing offences under Sections 341, 323, 307, 354(B), 379, 504, 506/34 of the Indian Penal Code.
Allegation as per F.I.R. is that petitioner nos. 1 and 2 came at the door of informant in drunken condition and abused him and when informant objected, they dragged him to road and started assaulting him with rod and lathi. In the meantime, the mother of informant came to save him, then petitioner no. 3 assaulted his mother and snatched golden chain from he neck and also dragged her by pulling her saree and the reason behind the occurrence is that one Rajaram Paswan teased the sister of informant 2-3 days before the
Patna High Court CR. MISC. No.34321 of 2019(3) dt.19-08-2019 2/2 occurrence and the informant complained about the same and due to which this occurrence has taken place.
Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and no such occurrence in the manner as alleged in the F.I.R. has ever taken place, which will appear from the fact that although the informant alleged that he was assaulted by petitioner nos. 1 and 2 and petitioner no. 3 assaulted his mother but injuries were found simple in nature. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -V, Samastipur, in connection with Samastipur (Muffasil) P.S. Case No. 280/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T