Ramashish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50145 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- TETERHAT District- Lakhisarai ====================================================== RAMASHISH PASWAN, S/o Paneshwar Paswan R/Village- Gulani, P.S.- Teterhat, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-08-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Teterhat Police Station Case No. 61 of 2019, disclosing offences under Sections 147/149/341/342/323/324/307/504 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioner is that the petitioner along with others, assaulted the Informant by the butt of the pistol on his head, causing head injury. Learned Counsel for the petitioner submits that both the parties are gotias and there is land dispute between them. He further submits that a complaint case has been filed by the

Patna High Court CR. MISC. No.50145 of 2019(2) dt.13-08-2019 2/3 petitioner on 24.04.2019 against the side of the prosecution and the present case has been lodged for the same incident taken place on 24.04.2019. He further submits that from Annexure-2, which is the injury report, it would be evident that there is simple injury on the head of the informant.

After having heard learned Counsel for the parties and taking into consideration the fact that both the parties are agnates and there is land dispute between them and the injury caused to the inform ant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioner, Ramashish Paswan, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Tetarhat Police Station Case No. 61 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to

Patna High Court CR. MISC. No.50145 of 2019(2) dt.13-08-2019 3/3 appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √