Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62117 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- KARAHGAR District- Rohtas ====================================================== 1.

DHARMENDRA PASWAN 2.

Jitendra Paswan Both Sons of Harimuni Paswan Resident of Village - Ubadhi, P.S. - Kargahar (Barahari), Distt. - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-10-2019 The petitioners apprehend their arrest in connection with Kargahar (Barahari O.P.) P. S. Case No. 76 of 2019 registered under Sections 307,323,325,341 and 504/34 of the Indian Penal Code.

Allegation against the petitioners is that petitioner no. 2 assaulted the informant by means of iron rod on his head and petitioner no. 1 and others assaulted the informant by means of lathi, brick etc.

Learned counsel appearing on behalf of the petitioners submits that both parties are agnate and there is case and counter case in between the parties inasmuch as Kargahar (Barhari) P.S. Case No. 77 of 2019 has been lodged by

Patna High Court CR. MISC. No.62117 of 2019(2) dt.21-10-2019 2/2 petitioner no. 1 against the informant and others. Learned counsel referring to Annexure-2 submits that injury caused to the informant has been found to be simple in nature. Having regard to the submissions made by the parties and taking into consideration the fact that both parties are agnate and there is case and counter case in between the parties and injury caused to the informant is simple in nature, as such I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Rohtas in connection with Kargahar (Barahari O.P.) P. S. Case No. 76 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T