Mahesh Paswan @ Gunjan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51680 of 2019 Arising Out of PS. Case No.-166 Year-2018 Thana- SARAI RANJAN District- Samastipur ====================================================== MAHESH PASWAN @ GUNJAN PASWAN, Son of Gudar Paswan Resident of Village - Akhtiyarpur, P.S.- Sarairanjan, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narendra Kumar Mishra For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-08-2019 The petitioner apprehends his arrest in connection with Sarairanjan P. S. Case No. 166 of 2018 registered under Sections 147, 148, 149, 307, 323, 324, 379, 384 and 448 of the Indian Penal Code.

Allegation against the petitioner is that petitioner along with other co-accused persons assaulted the brother of the informant by means of rod.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case inasmuch as both parties are cousin brothers and there is dispute relating to contract between them. He submits that there is case and counter case in between the parties inasmuch as side of the petitioner has also lodged Sarairanjan P.S.Case No. 168 of 2018 against the prosecution side. Learned counsel, relying upon

Patna High Court CR. MISC. No.51680 of 2019(2) dt.19-08-2019 2/2 Annexure-3, submits that petitioner has also got injury due to assault made by the side of the prosecution and the injury caused to Pradeep Paswan is simple in nature. After having heard learned counsel for the parties and taking into consideration the fact that both parties are related and there is previous dispute between them and further injury caused to Pradeep Paswan is simple in nature as such I am inclined to grant anticipatory bail to the petitioners. Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned ACJM- 6th, Samastipur in connection with Sarairanjan P.S.Case No. 166 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T