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Patna High CourtCR. MISC./13568/2018bail granted

Lal Babu Paswan And ORS v. The State Of Bihar

2018-04-06Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13568 of 2018 Arising Out of PS.Case No. -169 Year- 2017 Thana -UJIYARPUR District- SAMASTIPUR ======================================================

1. Lal Babu Paswan, Son of Jangali Paswan,

2. Indral Paswan @ Indal Paswan @ Indra Paswan, Son of Bhageran Paswan.

3. Awadh Paswan, Son of Late Devnandan Paswan,

4. Chandan Paswan @ Chandan Kumar, Son of Diwali Paswan.

5. Laldeo Paswan, son of Late Lakhan Paswan,

6. Raju Paswan @ Raju Kumar Paswan @ Raju Kumar, Son of Lal Babu Paswan,

7. Munu Paswan, Son of Late Lakhan Paswan.

8. Dipak Paswan, Son of Mahesh Paswan.

9. Shahshi Paswan @ Shishupal Paswan @ Shishi Paswan, Son of Laldeo Paswan, All 1 to 9 are resident of Village- Bhagwanpur, Desua, Police Station- Ujiyarpur, District- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Adv. For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2018 The petitioners are apprehending their arrest in connection with Ujiyarpur P.S. Case No. 169 of 2017, registered for offences punishable under Sections 147, 323, 324, 325, 341, 354, 379 and 504 of the Indian Penal Code.

Allegation against the petitioners is of assault to the son of informant and when the informant came to save him, he was also assaulted by the petitioners.

It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.13568 of 2018 (2) dt.06-04-2018 2/3 though there is allegation of assault, however, all the injuries were found to be simple in nature except one injury that has been inflicted on leg and there is case and counter case between the parties and both side have sustained injuries. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Dalsingsarai, Samastipur, in connection with Ujiyarpur P.S. Case No. 169 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available

Patna High Court Cr.Misc. No.13568 of 2018 (2) dt.06-04-2018 3/3 as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T