Shiv Shankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33322 of 2019 Arising Out of P.S. Case No.-113 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

SHIV SHANKAR PASWAN, aged about 52 years, Son of Late Yugeshwar Paswan Resident of Village - Rajopur, P.S.- Sheikhpura (O.P. Hathiyawan), Dist.- Sheikhpura.

2.

Sudhir Paswan, aged about 26 years, Son of Late Bhuneshwar Paswan Resident of Village - Rajopur, P.S.- Sheikhpura (O.P. Hathiyawan), Dist.- Sheikhpura.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Pankaj Kumar, Advocate For the Opposite Party :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 504/34 of the Indian Penal Code.

The prosecution case in brief is that on 10.03.2019 at about 5.45 P.M. all the accused persons including the petitioners started abusing and assaulting the informant with bamboo stick as a result of which the informant sustained injury on head and co-accused persons Manoj Paswan and Anil Paswan came and assaulted him with lathi.

It is submitted on behalf of the petitioners that there is

Patna High Court CR. MISC. No.33322 of 2019(2) dt.31-07-2019 2/2 allegation of assault by bamboo stick. It is further submitted that all Sections are bailable except Section 307 IPC. It is also submitted that the petitioners have clean antecedent. It is further submitted that save and except, there is no allegation of recovery against the petitioners.

Considering the facts aforesaid, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on 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 Chief Judicial Magistrate, Sheikhpura/successor Court in connection with Sheikhpura (Hathiyawan O.P) P.S.Case No.113 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Prabhat Kumar Singh, J) B.Kr./- U T