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Patna High CourtCR. MISC./33710/2020bail granted

Mohan Paswan v. The State Of Bihar

2021-03-18Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33710 of 2020 Arising Out of PS. Case No.-203 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== 1.

Mohan Paswan S/o Late Pashuram Paswan R/o Village-Mujaulia @ Majhaulia, P.S.-Sursand, Dist-Sitamarhi.

2.

Sujay Paswan @ Suj Paswan S/o Mohan Paswan R/o Village-Mujaulia @ Majhaulia, P.S.-Sursand, Dist-Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-03-2021 Heard Mr. Alok Kumar Alok, learned counsel for the petitioners and Mr. Shyam Kumar Singh, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Sursand P.S. Case No. 203 of 2019 dated 20.06.2019 instituted for the offences under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.

A dispute arose while the informant was trying to fill earth on his land which was objected by the petitioners.

Learned counsel for the petitioners has submitted that though there is accusation in the FIR of assaulting the victims but the specific act of assault is

Patna High Court CR. MISC. No.33710 of 2020(2) dt.18-03-2021 2/2 attributed on one Uday Paswan and not the petitioners. There is a counter case lodged by petitioner no. 1 vide Sursand P.S. Case No. 204 of 2019. The petitioners are agnates and because of the dispute over a plot of land which is claimed by both the parties, the occurrence is said to have taken place.

Considering the aforestated facts, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on their furnishing bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Pupri, Sitamarhi in connection with Sursand P.S. Case No. 203 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T