Vijay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70089 of 2022 Arising Out of PS. Case No.-294 Year-2021 Thana- GRIYAK District- Nalanda ====================================================== 1.

VIJAY PASWAN S/O Jamun Paswan R/O Village- Ghosharawan, P.SGiriyak (Pawapuri), District- Nalanda 2.

Rajiv Paswan S/O Vijay Paswan R/O Village- Ghosharawan, P.S- Giriyak (Pawapuri), District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar No.1, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-05-2023 Heard learned counsel appearing on behalf of the parties.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioners are named in the F.I.R. and apprehending their arrest in connection with Giriyak (Pawapuri) P.S. Case No. 294 of 2021 registered for the offences punishable under Sections 341, 323, 448, 308, 379, 504 and 506/34 of the Indian Penal Code.

The allegation against both petitioners is to cause head injury to informant and others which may likely to cause

Patna High Court CR. MISC. No.70089 of 2022(2) dt.05-05-2023 2/3 their death, where occurrence is alleged to be founded upon neighborhood issues.

Learned counsel appearing on behalf of the petitioners submitted that there is single injury as alleged to be caused by each of all above-named petitioner without having any intervening circumstances, suggesting that petitioners were not under intention to cause their death. It is submitted that injury as reported after medical examination of injured is found as simple in nature, which is sufficient to suggest that same may not cause death in ordinary court of nature. While concluding the argument, it is pointed out that petitioners are men of clean antecedent.

Learned APP for the State opposes the prayer of bail. Considering the aforesaid facts and circumstances of the case, as nature of injury is appearing simple, which is alleged to be caused by these petitioners, let both above named petitioners, in the event of their arrest or surrender before learned court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Biharsharif, Nalanda/concerned Court, where the case is

Patna High Court CR. MISC. No.70089 of 2022(2) dt.05-05-2023 3/3 pending in connection with Giriyak (Pawapuri) P.S. Case No. 294 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T