Banarsi Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1100 of 2015 Arising Out of PS.Case No. -50 Year- 2011 Thana -HAYAGHAT District- DARBHANGA ======================================================
1. Banarsi Paswan, Son of Gena Paswan
2. Bhupan Paswan @ Bhopan Paswan, Son of Jageshwar Paswan, Both are Resident of Village - Sadhopur (Tola- Parariya), Police Station - Hayaghat, District - Darbhanga.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate. For the Opposite Party/s : Mr. Anita Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2015 Heard both sides.
The petitioners Banarsi Paswan and Bhupan Paswan @ Bhopan Paswan apprehend their arrest in Hayaghat P.S. Case No. 50 of 2011, registered for the offences punishable under Sections 147, 148, 149, 448, 341, 323, 307 and 380 of the Indian Penal Code.
The informant Samtola Devi named five persons and made allegation that the accused persons assaulted Ramesh Paswan, Ganesh Paswan and her husband Lalo Paswan. Learned counsel for the petitioners submits that the informant alleged the date of occurrence 17.05.2011 at about 7:00 P.M. but she filed the complaint case on 20.05.2011. Bhupan Paswan @ Bhopan Paswan, petitioner no. 2 lodged Hayaghat P.S.
Patna High Court Cr.Misc. No.1100 of 2015 (2) dt.12-01-2015 Case No. 49 of 2011 in which he made allegation against Ramesh Paswan, Sudin Paswan, Lalo Paswan and others and it is alleged that they brutally assaulted the informant and others. Bihari Paswan received serious injury and he was referred to D.M.C.H. Banarsi Paswan also received injury and he was also referred from D.M.C.H. to P.M.C.H. for better treatment. The present case is counterblast in which all the injured received simple injuries. Considering the facts aforesaid and the fact that the Complaint Case was filed after three days and a counterblast Hayaghat P.S. Case No.
49 of 2011 was lodged, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Hayaghat P.S. Case No. 50 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.)