Patna High CourtCR. MISC./4179/2015bail granted

Raj Kishore Paswan And ANR v. The State Of Bihar

2015-02-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4179 of 2015 Arising Out of PS.Case No. -65 Year- 2014 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Raj Kishore Paswan Son of Shiya Ram Paswan,

2. Lalo Paswan, Son of Shiyadeo Paswan, Both residents of village - Jihuli, Mohalla - Jhunkhunwa, P.S. - Patahi, District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nityanand, Advocate. For the Opposite Party/s : Mr. Suresh Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2015 Heard both sides.

The petitioners apprehend their arrest in Patahi P.S. Case No. 65 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant Krishna Jivan Sharma named ten persons and alleged that they all and others assaulted him. Learned counsel for the petitioners submits that there is no allegation of assault against Lalo Paswan. Raj Kishore Paswan is said to have assaulted the informant with Pharsa which hit on the hand of the informant. The injury is lacerated and simple in nature. There is a counter version being Pakridayal SC/ST P.S. Case No. 80 of 2014.

Patna High Court Cr.Misc. No.4179 of 2015 (2) dt.02-02-2015 It appears on perusal of records that the petitioners are alleged to have assaulted Krishna Jivan Sharma with Pharsa which hit on the left hand of the informant and the injury is lacerated and simple in nature. There is no allegation of assault against Lalo Prasad petitioner no. 2.

Considering the facts aforesaid and the fact that there is a counter version, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Patahi P.S. Case No. 65 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T