Uday Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1236 of 2021 Arising Out of PS. Case No.-158 Year-2020 Thana- KONCH District- Gaya ====================================================== Uday Paswan, Son of Dasai Paswan, Resident of Village-Ahiyapur, Gangti, P.S.-Konch, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. Damodar Pd. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-07-2021 Heard Mr. Ashok Kumar, the learned Advocate for the petitioner and Mr. Damodar Pd. Tiwary, the learned Addl. P.P. for the State.

The petitioners seek bail in anticipation of their arrest in connection with Konch P.S. Case No. 158 of 2020, dated 05.06.2020, instituted for the offences under Sections 341, 323, 308, 504 and 506/34 of the Indian Penal Code. The petitioner is said to have assaulted the

Patna High Court CR. MISC. No.1236 of 2021(2) dt.02-07-2021 2/3 informant, who is his nephew, by means of an iron khanti. One Rajesh Paswan is also said to have assaulted the informant. The occurrence took place on the informant opposing the drunken behaviour of the petitioner. It has been submitted on behalf of the petitioner that there is a dispute in the family inter se and for that this case has falsely been lodged against him. Apart from this, it has been submitted that the injury suffered by the victim is simple in nature.

Regard being had to the relationship between the parties and that the informant has received simple injury, though on the parietal region, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 3rd Additional Chief Judicial Magistrate, Gaya in connection with Konch P.S. Case No. 158 of 2020, subject to the conditions laid down under Section 438(2) of the

Patna High Court CR. MISC. No.1236 of 2021(2) dt.02-07-2021 3/3 Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T