Lalendra Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55300 of 2017 Arising Out of PS.Case No. -130 Year- 2017 Thana -HASPURA District- AURANGABAD ======================================================
1. Lalendra Paswan, son of Rameshwar Paswan
2. Sintu Paswan @ Sintoo Paswan @ Sintoo Kumar, son of Saligram Paswan,
3. Manoj Paswan, son of Param Paswan, All resident of village-Bhatan Bigha, P.S. Haspura, District-Aurangabad (Bihar). .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Dr. Leelawati Kumari For the Opposite Party/s : Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Haspura P.S. Case no. 130 of 2017, registered under Sections 447, 341, 323, 324, 307, 337, 504 and 506/34 of the Indian Penal Code. The accusation is that on 26.06.2017 at about 8.00 A.M. the informant Shivdayal Rajvanshi was cleaning his door at that time, six persons named in the F.I.R. including the petitioners came there and started to abuse, at that time Pintu Kumar gave axe blow at the head of informant and caused blood oozing injury. On raising alarm, Ajit Kumar, Chandralal Kumar, Sarobar Devi and Bhikhainiya Devi, sons, daughter and wife of the informant, came to rescue the informant then Shaligram Paswan assaulted his sons Ajit Kumar and Pintu
Patna High Court Cr.Misc. No.55300 of 2017 (2) dt.27-11-2017 2/2 Kumar by means of Tangi.
Learned counsel for the petitioners submits that, in fact, due to land dispute the occurrence of Marpit took place in which both sides sustained injury regarding which on the basis of fardbeyan of Saligram Paswan, Haspura P.S. Case No. 129 of 2017, under Sections 447, 341, 323, 324, 307, 504 and 506/34 of the I.P.C. was instituted on 26.06.2017. Further submission is that allegation of causing injury to the injured is against Pintu Kumar. The injuries found on the persons of informant and his son Ajit Kumar and Chandralal Kumar are simple in nature. The petitioners have 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 the like amount each to the satisfaction of the S.D.J.M. Daudnagar, Aurangabad in connection with Haspura P.S. Case No. 130 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.