Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44492 of 2016 Arising Out of PS.Case No. -34 Year- 2015 Thana -HALSI District- LAKHISARAI ====================================================== Pappu Singh, Son of Late Balmiki Singh, resident of Village- Mohiyan, P.S.- Halsi, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Halsi P.S. Case No. 34 of 2015 registered under Sections 341, 323, 448, 324, 504, 147, 148, 149 and 307 of the Indian Penal Code.

The accusation is that on 06.03.2015, on the occasion of Holi, 9 persons named in the F.I.R., including the petitioner came at the house of the informant and threw soil at her husband, who made complaint that this is not the time for throwing soil. When the informant came out from the house on the voice of her husband then they also put the soil on her face and her husband started to make intervention. At that time,

Patna High Court Cr.Misc. No.44492 of 2016 (2) dt.27-10-2016 2/3 Harikant Paswan caused injury at the head of the husband of the informant and Rakesh Paswan caused injury through lathi and also others assaulted to the husband of the informant. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. itself that on the occasion of Holi, petitioner and others had gone at the door of the informant for enjoying themselves, but on the intervention by the husband of the informant, co-accused Harikant Paswan gave khanti blow and Rakesh Paswan caused injury through lathi to the husband of the informant. There is general allegation against the petitioner and no specific overt act has been attributed against the petitioner and six others, except co-accused Harikant Paswan and Rakesh Paswan. Further submission is that co-accused Harikant Paswan has already been allowed bail by a Bench of this Court vide Cr. Misc. No. 7560 of 2016 on 17.03.2016.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate,

Patna High Court Cr.Misc. No.44492 of 2016 (2) dt.27-10-2016 3/3 1st Class, Lakhisarai in connection with Halsi P.S. Case No. 34 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J) Shail/- U T