Shailesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54128 of 2019 Arising Out of PS. Case No.-106 Year-2019 Thana- SAHPUR District- Bhojpur ====================================================== 1.

Shailesh Paswan, Son of Late Hira Lal Paswan, Resident of Village - Madhopur, P.S.- Shahpur (Karnamepur O.P.), District- Bhojpur 2.

Awadhesh Paswan, Son of Late Hira Lal Paswan, Resident of Village - Madhopur, P.S.- Shahpur (Karnamepur O.P.), District- Bhojpur 3.

Mahesh Paswan, Son of Late Hira Lal Paswan, Resident of Village - Madhopur, P.S.- Shahpur (Karnamepur O.P.), District- Bhojpur 4.

Nakul Paswan, Son of Ramraj Paswan, Resident of Village - Madhopur, P.S.- Shahpur (Karnamepur O.P.), District- Bhojpur 5.

Surendra Paswan Son of Ramraj Paswan Resident of Village - Madhopur, P.S.- Shahpur (Karnamepur O.P.), District- Bhojpur 6.

Ram Ishwar Paswan @ Dubari Paswan, Son of Ramraj Paswan, Resident of Village - Madhopur, P.S.- Shahpur (Karnamepur O.P.), District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Govind Mishra For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Shahpur (Karnamepur O.P.) P.S. Case No. 106 of 2019 registered under Sections 341, 323, 307, 504 and 337/34 of the Indian Penal Code.

The accusation is that in the morning of 02.05.2019, when sister of informant, Akhilesh Paswan, removed wooden

Patna High Court CR. MISC. No.54128 of 2019(2) dt.28-08-2019 2/3 log from her land then Shailesh Paswan (petitioner no.1) gave iron rod blow at her head, in which, she fell down. Thereafter, informant rushed to save his sister then Mahesh Paswan (petitioner no. 3), Nakul Paswan (petitioner no.4), Surendra Paswan (petitioner no.5) and Ram Ishwar Paswan (petitioner no.6) came there and assaulted him by pelting bricks and stones. Thereafter, wife of the informant, who was pregnant, came to save him, in which, his wife also sustained injury. Learned counsel for the petitioners submits that due to land dispute occurrence took place, in which, petitioners' side also sustained injury, regarding which, Shahpur P.S. Case No. 105 of 2019 is also instituted under Section 307 of the Indian Penal Code. Moreover, the injuries as found on the person of the sister of the informant, is simple in nature and petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIV, Bhojpur, Ara, in connection with Shahpur (Karnamepur O.P.)

Patna High Court CR. MISC. No.54128 of 2019(2) dt.28-08-2019 3/3 P.S. Case No. 106 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T