Mantu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62769 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- NATWAR District- Rohtas ====================================================== 1.
MANTU PASWAN, 2.
PINTU PASWAN @ PINTU KUMAR Both SONs OF UPENDRA RAM 3.
DHARMENDRA PASWAN@ DHARMENDRA RAM SON OF PULISH RAM 4.
LAL BABU PASWAN 5.
AMRENDRA PASWAN 6.
GOPAL PASWAN All 4, 5 and 6 are SONs OF LATE BASAWAN PASWAN 7.
ASHOK PASWAN 8.
SANTOSH PASWAN 9.
JAY PRAKASH @ JAY PRAKASH PASWAN All 7, 8 and 9 are sons of Ram Pyare Ram 10.
SURENDRA PASWAN 11.
MAHENDRA PASWAN @ MAHENDRA RAM Both 10 and 11 are SONs OF LATE SOHAWAN PASWAN 12.
GOLU PASWAN, SON OF LAL BABU PASWAN All resident of VILLAGE- BAIRIPUR, PS-NATWAR, DIST- ROHTAS ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Sanjay Kumar Tiwary, learned counsel appearing on behalf of the petitioners and Mr. Surendra Kumar, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Natwar P.S. Case No. 92 of 2023 dated 10.06.2023
Patna High Court CR. MISC. No.62769 of 2023(2) dt.16-10-2023 2/3 registered for the offence(s) punishable under Sections 147, 149, 341, 323, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per allegation made in the FIR, the petitioners are stated to have abused and assaulted the informant and his family members in order to grab their land.
4. Learned counsel appearing on behalf of the petitioners submits that informant and petitioners are Gotia and partition dispute is going on between the parties bearing partition Suit No.114 of 2023. Learned counsel further submits that due to past enmity, both the parties entered into fierce fight during which, in self defence, the petitioners may have caused some injury on the informant's side but the injuries are simple in nature as per the opinion of the doctor.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation and also the fact that the injuries found on the persons of the informant's side are simple in nature, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of his arrest or surrender
Patna High Court CR. MISC. No.62769 of 2023(2) dt.16-10-2023 3/3 before the Court below within a period of four weeks 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 Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Natwar P.S. Case No. 92 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
8. The court below is directed to verify the criminal antecedents of the petitioners and if it is found that the petitioners are involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T