Rajendra Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58593 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ======================================================
1. Rajendra Paswan, S/o Late Ram Swarup Paswan,
2. Upendra Paswan @ Opindra Paswan S/o Late Ram Swarup Paswan,
3. Sopindra Paswan S/o Late. Ram Swarup Paswan. All are R/o Village- Khalasin, P.S.- Kusheshwar Asthan, DistrictDarbhanga. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Iqbal Asif Niazi, Advocate For the Opposite Party/s : Mr. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Kusheshwar Asthan P.S. Case No. 29 of 2017 registered under Sections 147, 148, 149, 447, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.
It is submitted that there is a case and counter case in which members of both parties sustained simple and superficial injuries. He submitted that in the counter case instituted against the members of the prosecution party, the accused persons have been granted pre-arrest bail by the court below itself.
Patna High Court Cr.Misc. No.58593 of 2017 (2) dt.12-12-2017 Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioners. He submitted that six persons sustained injuries in the alleged occurrence.
In reply, learned counsel for the petitioners submitted that save and except one injury caused to one Dauna Devi on her index finger, all other injuries were found to be simple and superficial in nature.
Having regard to the materials available on record as also the contentions advanced before the court, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Biraul, Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 29 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T