Sogarath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56350 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- BIRAUL District- Darbhanga ====================================================== SOGARATH PASWAN, S/O Ram Sharan Paswan Resident of Village- Neori, P.S.- Biraul, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Das For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Biraul P.S. Case no. 72 of 2019, registered under Sections 147, 148, 149, 341, 323, 324, 307, 380 and 504 of the Indian Penal Code.

The accusation is that 10 persons named in the F.I.R., including the petitioner, having armed with Lathi, Iron rod and stick in their hands came at the door of the informant Moti Paswan and started abusing him. At that time, on the order of petitioner, all started assaulting the informant. The petitioner caused injury at the head of informant through iron rod, when Narayan Paswan, Arjun Paswan, Ramashish Paswan and Chunur Devi, brothers, niece and Bhabhi of the informant, came to save him then they were assaulted by Umesh Paswan by means of Farsa, Pappu Paswan by means of rod, Ganesh

Patna High Court CR. MISC. No.56350 of 2019(2) dt.05-09-2019 2/2 Paswan and Putin Paswan through rod. At that time, they also demolished the asbestos of the house and took away ornaments and cattle.

Learned counsel for the petitioner submits that the occurrence of Marpit took place due to land dispute in which petitioner side also sustained injuries regarding which Biraul P.S. Case No. 73 of 2019 was instituted on the basis of fardbeyan of Umesh Paswan against the informant of the present case. Moreover, the injuries as found on the person of informant and other injured are of simple in nature. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M. Biraul, Darbhanga in connection with Biraul P.S. Case No. 72 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T