Harendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60072 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.
Harendra Paswan, Son of Late Sakal Paswan, aged about 40 years, Male. 2.
Monu Kumar @ Monu Kumar Paswan, aged about 22 years, Male, Son of Late Sanjeet Paswan.
3.
Sonu Kumar @ Sanu Kumar, aged about 18 years, Male, Son of Late Sanjeet Paswan 4.
Jagdish Paswan ,Son of Late Munshi Paswan, aged about 72 years, Male, both resident of of Village - Bithauli, P.S.- Bhagwanpur, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Manoj Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-01-2020 It has been submitted on behalf of the counsel for the petitioners that during pendency of this bail application petitioner. 2 Monu Kumar @ Monu Kumar Paswan and petitioner no.3 Sonu Kumar @ Sanu Kumar have been arrested as such bail application against them becomes infructuous.
Heard learned counsel for petitioner no. 1 and petitioner no.4 and learned counsel for the State. Petitioners, apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307,
Patna High Court CR. MISC. No.60072 of 2019(5) dt.10-01-2020 2/3 504, 379, 384/34 of the Indian Penal Code.
Informant has alleged in his fardbeyan that on 07.03.2019 at about 6 P.M., while he was sitting inside his hotel FIR named accused Harnedra Paswan, Monu Kuamr, Sanu kuamr and Jagdish Paswan came and demanded ransom of Rs. 5,000/- on his refusal there is allegation against petitioner no.1 Harendra Paswan of assaulting on his head but he stopped assault from his left hand as such fracture injury was caused on his left hand and thereafter allegation is against other of taking away the gold chain and cash money of the informant. It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. There is case and counter case and the petitioner no. 4 Jagdish Paswan had earlier instituted a case against the informant of abusing and assaulting them as a result of which they suffered serious injuries. It is further submitted that neither in the order of Sessions Court nor in the case diary any injury report has been enclosed or mentioned supporting the case of fracture injury on informant. Petitioners have no criminal antecedent.
Considering the facts and circumstances of the present case, let the petitioner no.1 Harendra Paswan and
Patna High Court CR. MISC. No.60072 of 2019(5) dt.10-01-2020 3/3 petitioner no.4 Jagdish Paswan, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on prearrest bail on furnishing bail bond of Rs. 20,000/- (twenty thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali, Hajipur, in connection with Bhagwanpur P.S. Case No. 53 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (S. Kumar, J) Rajiv/- U T