Bala Ram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.233 of 2015 Arising Out of PS.Case No. -59 Year- 2014 Thana -DANDARI District- BEGUSARAI ======================================================

1. Ram Sagun Paswan Son of Bala Ram Paswan

2. Bijali Paswan Son of Bala Ram Paswan

3. Ram Manoj Paswan Son of Bala Ram Paswan All resident of Village Sudharan, P.S. - Dandari, District - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.5763 of 2015 Arising Out of PS.Case No. -59 Year- 2014 Thana -DANDARI District- BEGUSARAI ======================================================

1. Bala Ram Paswan Son of late Narsingh Paswan R/o village- Sugran, P.S. - Dandari, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.9784 of 2015 Arising Out of PS.Case No. -59 Year- 2014 Thana -DANDARI District- BEGUSARAI ======================================================

1. Ram Kalyan Paswan @ Ram Kalyan Pasman Son of Ram Sekhar Paswan @ Kari Paswan Resident of Village - Sugharan, P.S. - Dandari, District - Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.233 of 2015) For the Petitioner/s : Mr. Anjani Parashar For the Opposite Party/s : Mr. M.Dayal(App) (In Cr.Misc. No.5763 of 2015) For the Petitioner/s : Mr. Anjani Parashar For the Opposite Party/s : Mr. Anil Kumar Singh (App) (In Cr.Misc. No.9784 of 2015)

For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Binod Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 03.04.2015 All the above stated petitions arise out of Dandari P.S. Case no. 59/2014 registered under sections 302, 307 and other allied sections of the IPC and accordingly, above stated petitions are being disposed of by this common order.

Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State and also heard learned counsel for the informant.

The accusation against petitioners in Cr. Misc. no. 233/2015 is that they assaulted the informant, her mother-in-law and her son and there is no allegation against them that they assaulted the deceased. So far as petitioner in Cr. Misc. no. 5763/2015 is concerned, it is alleged that he gave sword blow on the head of the informant whereas allegation against the petitioner in Cr. Misc. no. 9784/2015 is that he gave lathi blow on the head of the deceased. Investigation has already been completed and opinion regarding nature of injury of the injured of this case could not be collected by the Investigating officer before submission of charge sheet.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners in Cr. Misc. no. 233/2015, namely, Ram Sagun Paswan, Bijali Paswan, Ram Manoj Paswan and the petitioner in Cr. Misc. no. 5763/2015 namely, Bala

Ram Paswan be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of Sri Gaurav Anand, Judicial Magistrate, Ist Class, Begusarai/concerned court in Dandari P.S. Case no. 59/2014. So far prayer for bail of the petitioner in Cr. Misc. no. 9784/2015 is concerned, the same stands rejected, at least, at this stage.

shahid (Hemant Kumar Srivastava,J) U T