Patna High CourtCR. MISC./49229/2017partly allowed disposal

Mithun Paswan And ORS v. The State Of Bihar

2017-10-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49229 of 2017 Arising Out of PS.Case No. -205 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Mithun Paswan, son of Sri Mahendra Paswan

2. Shiv Lagan Paswan @ Siv Lagan Paswan @ Silagan Paswan son of Sri Krishna Paswan.

3. Suraj Paswan @ Suraj Kumar Paswan, son of Ravindra Paswan All Resident of Mohalla- Patariya, P.S.- O.P. Karouna (Jehanabad), DistrictJehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukund Kumar For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-10-2017 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending arrest in connection with Jehanabad P.S. Case No. 205 of 2017 for an offence under sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.

Counsel for the petitioners submits that in the instant case petitioner nos. 1 and 2 are only alleged to be members of the assembly. There is no specific overt act against these petitioners. In the instant case, the specific allegation has been levelled against Pintu Paswan, Jitendra Paswan, Silchan Paswan

Patna High Court Cr.Misc. No.49229 of 2017 (2) dt.18-10-2017 2/2 and Suraj Paswan petitioner no.3 .

Counsel for the petitioners has drawn my attention to the averment made in para-3 of the petition that petitioners have clean antecedent.

Considering the fact that the petitioner nos. 1 and 2 not the assailants in the instant case and specific allegation of assault has been levelled against petitioner no.3 and other persons, let the petitioner nos. 1 and 2 named above, be released on bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-I, Jehanabad, in connection with Jehanabad P.S. Case No. 205 of 2017, subject to the condition as laid down under section 438(2) of the Cr.P.C.

The application of bail on behalf of petitioner no.3 is rejected.

(Anil Kumar Upadhyay, J) Ravi/- U T