Subhash Paswan @ ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19180 of 2015 Arising Out of PS.Case No. -79 Year- 2015 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Subhash Paswan, son of Late Sitaram Paswan

2. Ashok Paswan, son of Late Sitaram Paswan

3. Binod Paswan, son of Late Sitaram Paswan

4. Hari Narayan Paswan, son of Late Sitaram Paswan All are resident of Mohalla- Loknathpur Ganj, P.S.- Dalsingsarai, DistrictSamastipur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.21833 of 2015 Arising Out of PS.Case No. -79 Year- 2015 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Vijay Shankar Poddar @ Vijay Poddar Son of late Brahmdeo Poddar Resident of village Ganj Road Dalsingsarai, P.S Dalsinghasarai, district Samastipur.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.19180 of 2015) For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Arun Kumar Pandey(App) (In Cr.Misc. No.21833 of 2015) For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Arun Kumar Singh No.-5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-06-2015 Heard learned counsel for the petitioners and Sri Arun Kumar Pandey, learned A.P.P.

In both the petitions, petitioners have prayed for grant

Patna High Court Cr.Misc. No.19180 of 2015 (2) dt.16-06-2015 2/3 of anticipatory bail in connection with Dalsingsarai P.S. Case No. 79 of 2015 registered for the offence under Section 149, 323, 324, 326(A), 307 and 504 of the Indian Penal Code, and as such both the cases were heard together and are being disposed of by this common order.

It was submitted by learned counsel for the petitioners that there was land dispute in between the family of one Chandan Kumar and informant's family of the present case and in that dispute some altercation had taken place and offences were committed and as such, from the side of Chandan Kumar an F.I.R. vide Dalsingsarai P.S. Case No. 78 of 2015 was registered on 24.2.2015 for the offence under Section 147/ 148/ 149/ 323/ 324/ 326(A)/ 307/ 504/34 of the Indian Penal Code and as a counter blast the present F.I.R. was lodged, in which, all the covillagers were made accused. It has been argued that save and except the allegation that petitioners were members of mob, no specific allegation has been attributed against either of the petitioners, and as such, a prayer has been made for grant of anticipatory bail.

Besides hearing, I have perused the F.I.R. and the materials available on record.

In view of the facts and circumstances, in the event of

Patna High Court Cr.Misc. No.19180 of 2015 (2) dt.16-06-2015 3/3 arrest or surrender, petitioners of both the petitions i.e. petitioners of Cr. Misc. No. 19180 of 2015 and petitioner of Cr. Misc. No. 21833 of 2015 namely, Subhash Paswan, Ashok Paswan, Binod Paswan, Hari Narayan Paswan and Vijay Shankar Poddar alias Vijay Poddar respectively, be enlarged on bail in the event of their arrest or surrender within a period of one month from today on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Dalsingsarai, District -Samastipur in connection with Dalsingsarai P.S. Case No. 79 of 2015, in terms of the conditions as contemplated under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J) Praful/- U T