Naresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2304 of 2021 Arising Out of PS. Case No.-67 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== 1.

Naresh Paswan, S/O Dasai Paswan, Resident of Village Bhatauna, P.S-Karja, District-Muzaffarpur.

2.

Shiv Balak Paswan, S/O Dasai Paswan, Resident of Village Bhatauna, P.SKarja, District-Muzaffarpur. 3.

Sakti Kumar @ Shakti Paswan, S/O Shivmangal Paswan, Resident of Village Bhatauna, P.S-Karja, District-Muzaffarpur. 4.

Mukesh Paswan, S/O Jhamlal Paswan, Resident of Village Bhatauna, P.SKarja, District-Muzaffarpur. 5.

Surendra Paswan @ Tunni Paswan, S/O Shiv Balak Paswan, Resident of Village Bhatauna, P.S-Karja, District-Muzaffarpur. 6.

Shiv Pujan Sahni, S/O Baidhnath Sahni, Resident of Village Bhatauna, P.SKarja, District-Muzaffarpur. 7.

Tuntun @ Tuntun Sah @ Shashi Bhushan Kumar, S/O Lal Prasad Sah Resident of Village Bhatauna, P.S-Karja, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-09-2021 As prayed for, let learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office, within four weeks from today.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Karja P.S. Case No. 67 of 2020, registered under Sections

Patna High Court CR. MISC. No.2304 of 2021(2) dt.28-09-2021 2/3 307 and other allied Sections of the Indian Penal Code. The accusation is that in the evening of 12.03.2020, informant, Umesh Prasad Singh, was present at his poultry farm, where petitioners along with Dinesh Mahto and 30 to 35 unknown boarding in tempo bearing registration no. BR 06PD 5019 came there and started to abuse him and his sons. When the informant made protest then Dinesh Mahto gave order to kill the informant and his sons. At that time, Dinesh Mahto gave iron rod blow to his son, Akhilesh Kumar causing injury at his shoulder. When the informant tried to save his son then Shiv Pujan Sahni (petitioner no.6) caused injury at his mouth and others also caused injury to him. When his son, Rishikesh Kumar came to save him then Naresh Paswan (petitioner no.

1) and Shiv Balak Paswan (petitioner no.2) caused injury at his head through lathi. In that course, Shakti Paswan (petitioner no.2) snatched the gold chain from the neck of his son Akhilesh Kumar and Mukesh Paswan (petitioner no.4) also snatched the gold chain from the neck of his another son Rishikesh Kumar. Thereafter, Surendra Paswan (petitioner no. 5) put fire on the bundle of husk and Dinesh Mahto took cash of Rs.20,000/- from poultry farm and they also took 100 piece chicken.

Patna High Court CR. MISC. No.2304 of 2021(2) dt.28-09-2021 3/3 to some dispute, occurrence of Marpit took place, in which, petitioners' side also sustained injury, regarding which, Karja P.S. Case No. 66 of 2020 is also instituted on the basis of Fradebyan of Rinku Devi, wife of petitioner no.1 against the informant and others. Further submission is that petitioners have no criminal antecedent.

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 Judicial Magistrate Ist Class, West Muzaffarpur, in connection with Karja P.S. Case No. 67 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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