Durga Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37992 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- GURARU District- Gaya ====================================================== 1.
DURGA PASWAN, S/o Late Balgobind Paswan resident of village- Tarauri, P.s.- Guraru, District- Gaya 2.
LUTAN PASWAN, S/o Feku Paswan resident of village- Tarauri, P.s.- Guraru, District- Gaya 3.
VIJAY PASWAN, S/o Tekau Paswan resident of village- Tarauri, P.s.- Guraru, District- Gaya 4.
BABAN PASWAN, S/o Durga Paswan resident of village- Tarauri, P.s.- Guraru, District- Gaya 5.
SURESH PASWAN, S/o Kailash Paswan resident of village- Tarauri, P.s.- Guraru, District- Gaya 6.
RAMPRAVESH PASWAN, S/o Kailash Paswan resident of village- Tarauri, P.s.- Guraru, District- Gaya 7.
GUDU PASWAN, S/o Vijay Paswan resident of village- Tarauri, P.s.- Guraru, District- Gaya 8.
MANISH PASWAN, S/o Rampravesh Paswan resident of village- Tarauri, P.s.- Guraru, District- Gaya 9.
SANJAY PASWAN, S/o Harihar Paswan resident of village- Tarauri, P.s.- Guraru, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
2/4 ORAL ORDER 15-04-2021 Heard Mr. Vinod Kumar, learned counsel for the petitioners and Mr. Shakir Ahmad, learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Guraru P. S. Case No. 04 of 2020, dated 05.01.2020, instituted for the offences under Sections 147, 149, 323, 341, 307, 325, 504 and 506 of the Indian Penal Code.
The petitioners are alleged to have assaulted the members of the prosecution party, resulting in injuries on two of the persons, namely, Ranjeet Paswan and Sanoj Paswan.
The learned counsel for the petitioners has submitted that the occurrence took place because of some dispute over distribution of crops and the parties have settled their differences and now the informant does not want to prosecute the petitioners any further. Apart from this, it has been submitted that the
3/4 accusation in the F.I.R. is absolutely general and omnibus and there is allegation of assault by hard and blunt substance like Lathi. Though from the impugned order, it appears that the nature of injury could not be deciphered and the opinion has been reserved but learned counsel for the petitioners points out that in view of the settlement of dispute between the parties, no useful purpose would be served in sending the petitioners to jail.
Considering the afore-stated facts and taking into account that now the dispute between the parties has been settled, the petitioners, above-named, 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 bail 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 Chief Judicial Magistrate,
4/4 Gaya, in connection with Guraru P. S. Case No. 04 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) skm/- U T