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Patna High CourtCR. MISC./59768/2019bail granted

Balram Paswan v. The State Of Bihar

2019-09-24Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59768 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- SALIMPUR District- Patna ====================================================== 1.

Balram Paswan, aged about 65 years, Gender- Male, S/o Late Haricharan Paswan, Resident of Village- Alipur Bihta, P.S.- Salimpur, District- Patna. 2.

Deepak Kumar @ Deepak Paswan, aged about 30 years, Gender-Male, S/o Lakhandeo Paswan, Resident of Village- Alipur Bihta, P.S.- Salimpur, District- Patna.

3.

Lakhandeo Paswan, aged about 50 years, Gender- Male, S/o Siya Paswan, Resident of Village- Alipur Bihta, P.S.- Salimpur, District- Patna. 4.

Nitish Paswan, aged about 25 years, Gender-Male, S/o Laldeo Paswan, Resident of Village- Alipur Bihta, P.S.- Salimpur, District- Patna. 5.

Bipin Paswan @ Bipin Kumar, aged about 22 years, Gender- Male, S/o Lakhandeo Paswan, Resident of Village- Alipur Bihta, P.S.- Salimpur, District- Patna.

6.

Bhola Paswan @ Bhola Kumar @ Bhoula Kumar, aged about 18 years, Gender- Male, S/o Babuchan Paswan, Resident of Village- Alipur Bihta, P.S.- Salimpur, District- Patna.

7.

Babuchan Paswan @ Babuchand Paswan, aged about 40 years, Gendermale, S/o Jawahar Paswan Resident of Village- Alipur Bihta, P.S.- Salimpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with Salimpur P.S. Case No. 110 of 2019 registered under sections 147, 148, 149, 341, 307, 504 and 506 of the IPC and 27 of the Arms Act.

Patna High Court CR. MISC. No.59768 of 2019(2) dt.24-09-2019 2/3 The allegation against the petitioners, is that the petitioners entered into the house of the informant and started abusing her and also started brick batting upon the house of the informant. It has also been alleged that all the accused persons started making fire from country made pistol but the informant and her family members went inside the house and closed its door.

Learned counsel appearing for the petitioners submits that both the parties are co-villagers and there is land dispute between them. Learned counsel further submits that the allegation of firing is general and omnibus and nobody has received any fire-arms injury as alleged on the date of occurrence.

Having regard to the submission made by the parties and taking into consideration the fact that both the parties are co-villagers and nobody has received any fire-arms injury, I am inclined to grant anticipatory bail to all the petitioners. Accordingly, the petitioners, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.59768 of 2019(2) dt.24-09-2019 3/3 amount each to the satisfaction of Sri K.P. Arya, J.M.-I, Barh, Patna in connection with Salimpur P.S. Case No. 110 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U