Umesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47933 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- TISIAUTA District- Vaishali ====================================================== 1.

Umesh Paswan, Son of Heman Paswan 2.

Sanjeet Paswan, Son of Umesh Paswan 3.

Chandan Kumar, Son of Umesh Paswan All resident of Village - Pauramay Shahmohammadpur, P.O.- Paur, P.S.- Tisiauta, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Sinha, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-11-2019 The petitioners seek bail in anticipation of their arrest in connection with Tisiauta P.S. Case No. 23 of 2019, dated 21.03.2019, instituted for the offences under Sections 341, 323, 307, 427, 436, 504 and 506/34 of the Indian Penal Code.

It has been alleged that the house of the informant was set on fire. All the accused persons are alleged to have

Patna High Court CR. MISC. No.47933 of 2019(3) dt.20-11-2019 2/3 been armed with sword and six persons have been assaulted leading to injuries on their person Learned counsel for the petitioners has submitted that petitioner No. 1 though is said to have assaulted the son of the informant, but he has received only simple injury. So far as petitioner Nos. 2 and 3 are concerned, they have not been alleged to have assaulted anybody in particular and the allegation against them is general and omnibus in nature. It has further been asserted that the names of the petitioners have been taken in the F.I.R. only because they happen to be the members of the same family.

Considering the aforesaid facts, the prayer for anticipatory bail of petitioner No. 1 is rejected. So far as petitioner Nos. 2 and 3 are concerned, if they surrender before the Court below within a period of four weeks, they shall be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 23 of 2019, subject

Patna High Court CR. MISC. No.47933 of 2019(3) dt.20-11-2019 3/3 to the conditions laid down under Section 438(2) of the Cr.P.C.

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