Mahendra Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18323 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Mahendra Paswan, son of Grahan Paswan.
2. Ramawati Devi @ Ramawati Devi, wife of Grahan Paswan.
3. Poonam Devi, wife of Mukesh Paswan.
4. Raja Devi, wife of Mahendra Paswan.
5. Pankaj Paswan, son of Grahan Paswan.
6. Lalita Devi, wife of Mahendra Paswan, All are residents of village - Bishunpurwa, Police Station - Lauriya, District - West Champaran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Lauriya P.S. Case No. 35 of 2017, registered under Sections 147, 148, 149, 323, 324, 308, 379, 504 and 506 of the Indian Penal Code.
The accusation is that nine persons named in the F.I.R. including the petitioners reached at the door of informant, Heeralal Paswan, armed with lathi, danda, iron rod and Garasa. At that time, petitioner no. 1 caused injury at his left hand and head
through Garasa and co-accused, Mukesh Paswan, caused injury through Garasa at the head of Asha Devi, wife of the informant. In the meantime, petitioner no. 3 caused injury through iron road to Rajesh Paswan, brother of the informant, on which, he fell down then co-accused, Pankaj Paswan also caused injury at the brother of the informant through Garasa whereas petitioner no. 2 caused injury at the head of Sunita Kumari, daughter of the informant through iron rod. At that time, they also took away the box containing cash and ornaments.
Learned counsel for the petitioners submits that, in fact, due to land dispute occurrence took place, in which, petitioners' side also sustained injury, regarding which, Lauriya P.S. Case No. 43 of 2017 is instituted on the basis of written report of petitioner no. 6, Lalita Devi. Moreover, the injuries as found on the persons of informant, his wife Asha Devi, brother Rajesh Paswan and daughter Sunita Kuamr, are simple in nature. Considering the aforesaid submissions, 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 Chief Judicial Magistrate, Bettiah, West
Champaran, in connection with Lauriya P.S. Case No. 35 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T