Kishor Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36870 of 2020 Arising Out of PS. Case No.-68 Year-2020 Thana- SIKANDRA District- Jamui ====================================================== 1.
Kishor Paswan @ Kishori Paswan, male, aged about 35 years, Son of Rajendra Paswan 2.
Anil Paswan, male, aged about 24 years, Son of Rajendra Paswan 3.
Surendra Paswan, male, aged about 42 years, Son of Darogi Paswan 4.
Shambhu Paswan, male, aged about 31 years, Son of Mahendra Paswan 5.
Shankar Paswan, male, aged about 26 years, Son of Mahendra Paswan 6.
Vishundeo Paswan, male, aged about 45 years, Son of Karu Paswan 7.
Dharamdeo Paswan, male, aged about 41 years, Son of Karu Paswan 8.
Indradeo Paswan, male, aged about 62 years, Son of Karu Paswan 9.
Binod Paswan, male, aged about 40 years, Son of Indradeo Paswan 10.
Guddu Paswan, male, aged about 30 years, Son of Rajaram Paswan All are residents of Village - Chhitauni, P.S. - Sikandra, District- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Adv.
For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-04-2021 Heard Mr. Raj Kumar, learned Advocate for the petitioners and the learned APP for the State. The petitioners seek bail in anticipation of their
Patna High Court CR. MISC. No.36870 of 2020(2) dt.07-04-2021 2/3 arrest in connection with Sikandra P.S. Case No. 68 of 2020, dated 12.04.2020, instituted for the offences under Sections 147, 148, 149, 307, 504, 506, 324 and 325 of the Indian Penal Code.
Though there is accusation against all the accused persons including the petitioners of assaulting and injuring six persons, but the accusation against petitioner Nos. 1, 2, 3 and 6 to 10 is of general and omnibus nature. Out of the six persons who have been injured, two have received injuries about which opinion has been reserved, whereas four have received simple injuries. The two of such injuries about which opinion could not be rendered, are said to have been caused by petitioner Nos. 4 and 5.
There is a counter version of the occurrence as well which is earlier in point of time.
From the side of the petitioners also, some of the persons have been injured.
Considering the general nature of accusation against petitioner Nos. 1, 2, 3 and 6 to 10 above-named, they, in the event of their arrest or surrender before the
Patna High Court CR. MISC. No.36870 of 2020(2) dt.07-04-2021 3/3 learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Jamui in connection with Sikandra P.S. Case No. 68 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. Since specific accusation has been levelled against petitioner Nos. 4 and 5 of causing injuries about which opinion could not be given in the first instance, their prayer for grant of anticipatory bail is rejected.
However, if petitioner Nos. 4 and 5 surrender before the Court below and seek bail, the Court below shall consider the case on its own merits, without being prejudiced by the fact that the present anticipatory bail application with respect to them has not been entertained by this Court. (Ashutosh Kumar, J) Praveen-II/- U T