Pintu Paswan @ Suresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59915 of 2022 Arising Out of PS. Case No.-115 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

Pintu Paswan @ Suresh Kumar, S/o Arjun Paswan R/o Vill- Bulaki Bigha, P.S.- Karauna O.P., Distt- Jehanabad.

2.

Nakul Paswan S/o Arjun Paswan R/O Vill- Bulaki Bigha, P.S.- Karauna O.P., Distt- Jehanabad.

3.

Dharambir Paswan S/o Arjun Paswan R/O Vill- Bulaki Bigha, P.S.- Karauna O.P., Distt- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2023 Heard Mr. Ratnakar Jha, learned counsel appearing on behalf of the petitioner and Mr. Narsingh Tanti, learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in connection with Jehanabad (Karauna O.P.) P.S. Case No. 115 of 2022 registered under Sections 147, 341, 323, 325, 354, 379, 504 and 506 of the Indian Penal Code.

3. The prosecution story, in brief, is that the accused persons named in the F.I.R. assaulted on the head of the informant by means of iron rod causing head and finger injury.

4. Learned counsel appearing on behalf of the petitioners submits that the allegation made in the F.I.R. is not

Patna High Court CR. MISC. No.59915 of 2022(5) dt.15-05-2023 2/3 substantiated with the injury caused to the informant. Petitioners have falsely been implicated in the present case. There is case and counter case and petitioners' side also sustained injury in course of fierce fight.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the nature of allegation made in the F.I.R. and the fact that the petitioners have stated that no injury has been sustained by the informant on the head, the Court below is directed to peruse the injury report with respect to the informant and if it is found that no injury has been reported to have been caused on the head of the informant in the opinion of the doctor, the petitioners, above named, are directed be released on pre-arrest bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, 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, Jehanabad in connection with Jehanabad (Karauna) P.S. Case No. 115 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The present bail application, accordingly, stands

Patna High Court CR. MISC. No.59915 of 2022(5) dt.15-05-2023 3/3 disposed of.

(Purnendu Singh, J) minu/- U T