Bindhyachal Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53992 of 2015 Arising Out of PS.Case No. -192 Year- 2015 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================
1. Bindhyachal Paswan Son of Krishna Paswan
2. Krishna Paswan Son of Late Harhangi Paswan
3. Gupteshwar Paswan Son of Bilayati Paswan
4. Sri Niwas Paswan Son of Munni Paswan
5. Dilip Paswan Son of Late Nirmal Paswan
6. Shyam Kumar Paswan Son of Dilip Paswan
7. Ram Kumar Paswan Son of Dilip Paswan
8. Vakil Paswan Son of Bilayati Paswan
9. Sunil Paswan Son of Bilayati Paswan
10. Chandan Paswan Son of Raj Kumar Paswan
11. Raj Kumar Paswan Son of Late Lalan Paswan
12. Pappu Paswan Son of Habis Paswan
13. Lallu Paswan Son of Habis Paswan
14. Sappu Paswan Son of Habis Paswan
15. Ramjee Paswan Son of Late Harhangi Paswan
16. Basanti Devi Wife of Ramjee Paswan
17. Bechani Devi Wife of Krishna Paswan
18. Durga Devi Wife of Gupteshwar Paswan All residents of Village : Dulsagar, P.S. Buxar (Industrial), District : Buxar.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyapal Singh For the Opposite Party/s : Mr. Bisheshwar Ram(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 27-11-2015 Heard learned counsels for the petitioners and the State.
The petitioners being the agnates of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 of the Indian Penal Code and 27 of the Arms Act.
Patna High Court Cr.Misc. No.53992 of 2015 (2) dt.27-11-2015 2/3 It is alleged that the accused persons came variously armed when the petitioners Sri Niwas Paswan and Vakil Paswan assaulted with iron rod and axe on the neck and head of the son of the informant Dinesh Paswan and when the informant came to rescue he was assaulted by petitioners Chandan Pawan and Shyam Kumar Paswan with danda. It is alleged that petitioners Pappu Paswan and Lallu Paswan took away a box from the house of the informant containing clothes and also assaulted other son of the informant Om Prakash. When the husband of the informant came to rescue then petitioner Dilip Paswan assaulted him with lathi.
It is submitted by learned counsel for the petitioners that the injury of the informant has been found to be simple, though, opinion regarding one of the injuries of the informant has been kept reserve and the injuries of other persons have been found to be simple. For the occurrence of 19.08.2015 at 7.00 P.M. the FIR has been registered on 20.08.2015 at 3.45 P.M. There is a counter version of the occurrence also and the petitioners' side have also received injuries. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent and the informant has subsequently retracted from the initial version and filed a petition to that effect
Patna High Court Cr.Misc. No.53992 of 2015 (2) dt.27-11-2015 3/3 before the learned court below.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Industrial) P.S. Case No. 192 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T