Vijendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41270 of 2019 Arising Out of PS. Case No.-174 Year-2019 Thana- RAHUI District- Nalanda ====================================================== 1.

VIJENDRA PASWAN, aged about 49 years, Male, S/o Late Ramesher Paswan, Resident of Village- Bandoh, P.S.- Rahui, District- Nalanda 2.

Akash Kumar @ Chandan, aged about 20 years, Male, S/o Vijendra Paswan, Resident of Village- Bandoh, P.S.- Rahui, District- Nalanda 3.

Pramod Paswan, aged about 46 years, Male, S/o Late Bilash Paswan, Resident of Village- Bandoh, P.S.- Rahui, District- Nalanda 4.

Shiv Kumar Paswan, aged about 35 years, Male, S/o Janak Paswan, Resident of Village- Bandoh, P.S.- Rahui, District- Nalanda ... Petitioners

Versus

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

For the Petitioners :

Mr. Abhinay Raj, Adv.

For the Opposite Party :

Mr. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Rahui (Bhaganbigha) P.S. Case No. 174 of 2019 for the offences alleged under Sections 341, 323, 504, 506, 307 and 34 of the Indian Penal Code.

The accusation is that in the matriculation examination Laxman Kumar, son of the informant, got failed and due to that Sahil Kumar and Anmol Kumar were teasing him and in that regard informant went in the evening of 02.05.2019 at their house and made complaint on which petitioners started assaulting him with lathi and danda. At that time Akash Kumar hit on the head of the informant's wife. Arvind Paswan, Ravindra Kumar and Umesh Paswan also

Patna High Court CR. MISC. No.41270 of 2019(2) dt.04-07-2019 2/2 assaulted them.

The learned counsel appearing for the petitioners submits that informant himself has started scuffle with his associates and with ulterior motive the present case has been filed. More over, the injury found on the person of the informant and other injured are simple in nature. Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Rahui (Bhaganbigha) P.S. Case No. 174 of 2019 shall be released on pre-arrest bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

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