Prakash Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46270 of 2019 Arising Out of PS. Case No.-106 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.
Prakash Paswan, Son of Late Ram Khelawan Paswan Resident of Village - Peer Nagar, P.S.- Nawkothi, District - Begusarai. 2.
Rohit Kumar Son of Ram Prakash Paswan Resident of Village - Peer Nagar, P.S.- Nawkothi, District - Begusarai.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Dhar Jha For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Nawkothi P.S. Case no. 106 of 2018, registered under Sections 147, 149, 341, 323, 307, 354(B), 379, 504 and 506 of the Indian Penal Code.
The accusation is that with intention to grab the land of the informant, Bharat Singh, 13 persons named in the F.I.R., including the petitioners, came at the field of the informant and started to cut the ridge through spade, when Kishore Singh, brother-in-law of the informant, made protest then Sunil Paswan, Anandi Paswan and Ashok Paswan started
Patna High Court CR. MISC. No.46270 of 2019(2) dt.26-07-2019 2/3 to cause assault through spade. On raising alarm by Kishore Singh, Ranju Devi and Niranjan Singh, wife and father-in-law of the informant rushed then others also caused injury to them through lathi and sickle. At that time, the aforesaid three persons also unfolded the Sari of the wife of the informant. Further allegation is that Kishuniya Devi and Shobha Devi snatched ear ring from the neck of the wife of the informant and Vinod Paswan snatched golden chain from the neck of brother-in-law of the informant.
Learned counsel for the petitioners submits that occurrence of Marpit took place due to land dispute in which petitioners side also sustained injury regarding which SC/ST P.S. Case No. 31 of 2018 was instituted on the basis of fardbeyan of co-accused Chano Devi. Moreover, the injuries as found on the person of brother-in-law and other family members of the informant are simple in nature. The petitioners has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of
Patna High Court CR. MISC. No.46270 of 2019(2) dt.26-07-2019 3/3 the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Begusarai in connection with Nawkothi P.S. Case No. 106 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T