Surendra Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54055 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -KASHICHAK District- NAWADA ======================================================
1. Surendra Paswan son of Bishun Paswan
2. Gango Paswan, son of Banshi Paswan
3. Bhola Paswan @ Genhari Paswan, Son of Baso Paswan
4. Boda Manjhi @ Budhu Manjhi @ Baudh Manjhi @ Baudhu Manjhi, son of Sarju Manjhi
5. Shankar Paswan Son of Kishun Paswan All resident of village- Birnama, P.S.- Kashichak, District- Nawada .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Mukesh Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 27-11-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 325, 337, 338, 307, 379, 353, 504, 506, 147, 148 and 149 of the Indian Penal Code.
The prosecution case is that on 17.06.2015
Patna High Court Cr.Misc. No.54055 of 2015 (2) dt.27-11-2015 2/3 the informant came to know that his 2-3 friends are fighting in the village when the informant reached there the accused persons pelted stones including the petitioners. It is specifically alleged that co-accused Bishun Paswan assaulted the informant with lathi and Nago Paswan assaulted in the back causing fracture injury. It is alleged petitioners Gango Paswan and Surendra Paswan snatched gold chain and one lakh sixty five thousand rupees when the police came on the spot then stones were pelted on the police also.
It is submitted by learned counsel for the petitioners that the accusation is not specific against the petitioners and snatching of gold chain and money have not been found true during investigation. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the accusation of assault being omnibus and general against the petitioners, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court Cr.Misc. No.54055 of 2015 (2) dt.27-11-2015 3/3 Magistrate, Nawada in connection with Kashichak P.S. Case No. 53 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T