Hiralal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54938 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- SIMRI District- Darbhanga ====================================================== 1.

HIRALAL PASWAN Son of Chalitar Paswan Resident of Village - Barhuliya, P.S.- Simari, Distt - Darbhanga.

2.

Sundeshwar Paswan Son of Hari Lal Paswan Resident of Village - Barhuliya, P.S.- Simari, Distt - Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2019 Learned counsel for the petitioner is directed to make correction in para No.1 of the petition.

Petitioners seek bail in anticipation of their arrest in connection with Simari P.S. Case No. 40 of 2019, registered for the offences punishable under Sections 341, 147, 148, 149,323, 325, 307, 354(B), 379, 504 and 506 of the Indian Penal Code. Allegation against the petitioners is that they assaulted Ramanand Choudhary by means of rod inflicted head injury. Other co-accused also assaulted informant and his family members.

Submission of the learned counsel for the petitioners that the whole allegation is false as several persons had

Patna High Court CR. MISC. No.54938 of 2019(2) dt.30-08-2019 2/2 assaulted the injured on head but impugned order discloses that injuries are simple in nature. Moreover, there is case and counter case between the parties.

Heard learned A.P.P. also.

In view of the above facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Simari P.S. Case No. 40 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the Court concerned.

(Vinod Kumar Sinha, J) T.Kr./- U T