Indradeo Paswan And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23592 of 2015 Arising Out of PS.Case No. -114 Year- 2014 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Indradeo Paswan, son of Chhottan Paswan.

2. Munarik Paswan, son of Chhottan Paswan. Both resident of Pipra Pokhar, P.S. Pakribarawan, in the District of Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in Pakribarawan P.S. Case No. 114 of 2014 registered under sections 341,323, 324, 307, 504/34 of the Indian Penal Code. The prosecution case in short is that on 16.05.2014 while the informant was at his home, petitioners armed with iron rod and Khanti entered in his house and assaulted on his head due to which he became injured. It is said that when his wife and Bhabhi tried to save him they are said to have torn the clothes of his wife. In the meantime Rahul Paswan along with Aarti Devi and Bablu Paswan reached there armed with garasa and started assaulting his brother Ram Krishna Paswan due to which

Patna High Court Cr.Misc. No.23592 of 2015 (2) dt.06-07-2015 2/3 all the four persons became injured. The reason for the occurrence according to the informant is dispute for the way and previous litigation.

It has been submitted on behalf of the petitioners that petitioners have no criminal antecedent. It is further submitted that there is general and omnibus allegation against the petitioners and others. From perusal of the first information report itself it appears that the occurrence took place in relation to way. From the injury report it would appear that three persons are said to have sustained injuries and the injuries are simple in nature. So far as the injury of informant is concerned, the opinion has been reserved.

On behalf of the State it is submitted that the petitioners are named in the first information report. Considering the fact that the occurrence took place due to petty reasons, the above named petitioners in the event of their arrest or surrender before the court below within a period of four week from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Nawada in Pakribarawan P.S. Case No. 114 of 2014,

Patna High Court Cr.Misc. No.23592 of 2015 (2) dt.06-07-2015 3/3 subject to the conditions laid down under section 438(2) Cr.P.C. (Sudhir Singh, J) M.Rahman/- U T