Prahlad Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33615 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

Prahlad Paswan, Son of Late Munarik Paswan, Resident of VillageKhakhra, Tole Telia Dih, P.S.- Muffasil, District- Aurangabad 2.

Sukhal Paswan, Son of Prahlad Paswan, Resident of Village- Khakhra, Tole Telia Dih, P.S.- Muffasil, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Pandey For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Muffasil P.S. Case No. 42 of 2019, registered under Sections 341, 323, 307 and 504/34 of the Indian Penal Code. The accusation is that in the evening of 04.02.2019, Prabhat Kumar Madhukar, son of the informant, went at the shop of petitioners for breakfast, where some hot talk were exchanged. In that course, petitioners caused injury to his son, Prabhat Kumar Madhukar through iron rod and Jhanjhra, in which, he fell down and sustained injury. On receiving information, informant reached there and carried his son to Dehri-on-Sone Hospital, from where, his son was referred to Ford Hospital, Patna for better treatment.

Patna High Court CR. MISC. No.33615 of 2019(2) dt.22-05-2019 2/2 Learned counsel for the petitioners submits that, in fact, Prabhat Kumar Madhukar, son of the informant went at the shop of the petitioners in drunken state for break fast, where he fell down and sustained injury but with ulterior motive the present case has been lodged with false allegation. Moreover, the injury, as found on the person of the son of the informant, is simple in nature, which would appear from annexure 2 to the application.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Muffasil P.S. Case No. 42 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T