Udyanand Paswan @ Udiyanand Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37836 of 2015 Arising Out of PS.Case No. -99 Year- 2015 Thana -BHARGAWAN District- ARRARIA ======================================================

1. Udyanand Paswan @ Udiyanand Paswan S/o Late Bapatu Paswan

2. Laddu Paswan S/o Digambar Paswan Both resident of village - Kushmaul, P.S. Bhargama, District - Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Dashrath Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-09-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 427, 504/34 of the Indian Penal Code.

The prosecution case is that in the background of grazing of wheat crop of the informant the accused persons came variously armed when co-accused Kari Devi caught hold the informant and petitioner No. 2 Laddu Paswan started assaulting the informant with lathi. When Jai Karan Thakur rushed to rescue the informant then petitioner No. 1 Udyanand Paswan caused injuries on the head of Jai Karan Thakur by means of Farsa and co-accused Bidyanand Paswan assaulted with lathi. In the meantime, Kailash Thakur and his wife Guddi Devi came then petitioner No. 2 assaulted

Patna High Court Cr.Misc. No.37836 of 2015 (2) dt.22-09-2015 2/2 Kailash Thakur on his head with lathi. The accused persons snatched gold ornaments of the informant's side. It is submitted by learned counsel for the petitioners that for the occurrence of 14.01.2015 the complaint was filed on 17.01.2015 which came to be registered as police case on 17.05.2015, whereas petitioners' side lodged Bhargama P.S. Case No. 15 of 2015 on 14.01.2015 itself. A statement has been made in para 12 of the petition that there is no injury report on record which reads as follows:- "That so far as injury reports are concerned, no injury report is available on the records."

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria in connection with Bhargama P.S. Case No. 99 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T