Kamleshwari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42438 of 2023 Arising Out of PS. Case No.-268 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

KAMLESHWARI PASWAN Son of Late Ghuran Paswan Resident of village - Vikrampur, P.S. - Cheria Bariyarpur, Distt. - Begusarai 2.

Arjun Paswan Son of Late Ghuran Paswan Resident of village - Vikrampur, P.S. - Cheria Bariyarpur, Distt. - Begusarai 3.

Lalan Paswan Son of Late Ghuran Paswan Resident of village - Vikrampur, P.S. - Cheria Bariyarpur, Distt. - Begusarai 4.

Pankaj Paswan Pankaj Kumar Son of Kamleshwari Paswan Resident of village - Vikrampur, P.S. - Cheria Bariyarpur, Distt. - Begusarai 5.

Nunu Babu Kumar Son of Kamleshwari Paswan Resident of village - Vikrampur, P.S. - Cheria Bariyarpur, Distt. - Begusarai 6.

Nitish Kumar Son of Arjun Paswan Resident of village - Vikrampur, P.S. - Cheria Bariyarpur, Distt. - Begusarai 7.

Mukesh Paswan @ Mukesh Kumar Son of Late Dugo Paswan @ Late Bugo Paswan Resident of village - Vikrampur, P.S. - Cheria Bariyarpur, Distt. - Begusarai 8.

Sushil Paswan @ Sushil Kumar Son of Late Ram Yatan Paswan Resident of village - Vikrampur, P.S. - Cheria Bariyarpur, Distt. - Begusarai 9.

Bikram Kumar Son of Bablu Paswan Resident of village - Vikrampur, P.S. - Cheria Bariyarpur, Distt. - Begusarai 10.

Jitendra Paswan Son of Charitra Paswan Resident of village - Vikrampur, P.S. - Cheria Bariyarpur, Distt. - Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Rajendra Prasad Nat , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2023 At the outset, learned counsel for the petitioner Nos. 9 and 10 seeks permission to withdraw the pre-arrest bail petition.

Patna High Court CR. MISC. No.42438 of 2023(2) dt.07-08-2023 2/3 This bail petition of petitioner Nos. 9 and 10 is dismissed as withdrawn.

Heard learned counsel for the petitioner Nos. 1 , 2, 3 , 4, 5 , 6, 7, 8 and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 504, 506, 354(B), 379, 308, 384, 34 of the Indian Penal Code.

3. On the alleged date and time of occurrence all the F.I.R named accused persons including these petitioners assaulted the informant and her family members in which they sustained injury.

4. It is submitted that due to land dispute between the parties, a scuffle took place in which both sides sustained injury. Case and counter case. Doctor has found simple injury. Petitioners claim clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner Nos. 1 , 2, 3 , 4, 5 , 6, 7, 8, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.42438 of 2023(2) dt.07-08-2023 3/3 amount each to the satisfaction of the A . C . J . M- Ist, Manjhaul, Begusarai in connection with Cheria Beriyarpur P.S. Case No . 268 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T