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Patna High CourtCR. MISC./80044/2019bail granted

Rajendra Paswan v. The State Of Bihar

2021-10-25Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80044 of 2019 Arising Out of PS. Case No.-143 Year-2019 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

RAJENDRA PASWAN S/o Kari Paswan Resident of Village- Belhwar, P.S.- Rajnagar, District- Madhubani.

2.

Raja Ram Paswan S/o- Sanai Paswan Resident of Village- Belhwar, P.S.- Rajnagar, District- Madhubani.

3.

Mahendra Paswan S/o- Kari Paswan Resident of Village- Belhwar, P.S.- Rajnagar, District- Madhubani.

4.

Latalu Paswan S/o Lakhan Paswan Resident of Village- Belhwar, P.S.- Rajnagar, District- Madhubani.

5.

Ravindra Paswan S/o Sonai Paswan Resident of Village- Belhwar, P.S.- Rajnagar, District- Madhubani.

6.

Sonai Paswan S/o- Late Thari Paswan Resident of Village- Belhwar, P.S.- Rajnagar, District- Madhubani.

7.

Mahendra Paswan S/o- Ramlakhan Paswan Resident of Village- Belhwar, P.S.- Rajnagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-10-2021 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Rajnagar P.S. Case no. 143 of 2019 instituted for the offence under Sections 323, 341, 354, 379, 427, 307, 504, 506 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.80044 of 2019(6) dt.25-10-2021 2/3 As per allegation in the FIR, petitioners along with other accused persons assaulted the informant on his head by means of Farsa and when his brother Pawan Paswan came there for rescue, he was beaten up by them with Farsa on his shoulder. His cousin Pintu Paswan also received sharp cut injury in his hand by spear.

Learned counsel for the petitioners has submitted that petitioners have been falsely implicated in this case. There is admitted land dispute between the parties. Infact specific allegation is against co-accused Chhote Paswan, who has given Farsa blow on the head of the informant and not against the petitioners. Except head injury given by co-accused Chhote Paswan, all injuries by simple in nature. There is omnibus allegation against all the petitioners.

Learned APP for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Rajnagar P.S. Case no. 143 of

Patna High Court CR. MISC. No.80044 of 2019(6) dt.25-10-2021 3/3 2019, they will be enlarged 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 learned A.C.J.M. 1st, Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T