Ashok Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1308 of 2021 Arising Out of PS. Case No.-82 Year-2020 Thana- FESHAR District- Aurangabad ====================================================== 1.
Ashok Paswan, S/o Ramadhar Paswan 2.
Jugesh Paswan @ Yugesh Paswan, S/o Bhola Paswan 3.
Bhagwat Paswan @ Bhagmat Paswan, S/o Sita Paswan 4.
Bhagwan Paswan, S/o Sita Paswan 5.
Uday Paswan, Son of Rampravesh Paswan 6.
Anirudh Paswan, S/o Late Lakshuman Paswan 7.
Prabhu Paswan, S/o Dukhan Paswan All are R/o Village - Kusha, P.S. - Fesar, District - Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the Informant :
Mr. Santosh Kumar Pandey, Adv.
For the State :
Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-07-2021 Nobody appears on behalf of the petitioners.
However, Mr. Santosh Kumar Pandey, the learned counsel for the informant is present and has assisted this Court. The State is also represented by the learned APP. The petitioners seek bail in anticipation of their
Patna High Court CR. MISC. No.1308 of 2021(2) dt.08-07-2021 2/3 arrest in connection with Fesar P.S. Case No. 82 of 2020, instituted for the offences under Sections 147, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code. Though all the petitioners are named in the F.I.R. and are said to be members of the mob, but nothing specific has been attributed against them. There is a counter version of the occurrence as well which has been lodged from the side of the accused persons in which the informant and others have been made accused. There is no eye-witness to the occurrence and it appears that because of old enmity, an occurrence may have taken place but the allegations have been highly exaggerated.
Mr. Pandey, the learned counsel for the informant has however submitted that true it is that there is no specific accusation against any one of the accused persons and the injuries suffered by the victims are all simple in nature, but five persons including a child have received injuries. After having perused the record and having heard the learned counsel for the informant and the State, it appears that in a dispute in which both the sides
Patna High Court CR. MISC. No.1308 of 2021(2) dt.08-07-2021 3/3 participated, some persons have received injuries which are simple in nature.
Regard being had to the facts afore-stated, 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 Chief Judicial Magistrate, Aurangabad in connection with Fesar P.S. Case No. 82 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) Praveen-II/- U T