Bishwanath Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58943 of 2018 Arising Out of PS.Case No. -417 Year- 2018 Thana -MOHANIYA District- BHABHUA (KAIMUR) ======================================================

1. Bishwanath Paswan, Son of Rup Deo Paswan

2. Parbhansh Paswan

3. Kush Paswan, both sons of Bishwanath Paswan, All resident of VillageGheghia, P.S. Mohania, District Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307/34 and 504 of the Indian Penal Code.

There is case and counter case. There is general and omnibus allegation of commission of assault against the petitioners. Specific allegation is against co-accused Law Paswan to have caused injury at the head of the brother of the informant. Law Paswan is already in custody.

Learned counsel for the informant opposed the prayer for anticipatory bail on the ground that wife of the informant

Patna High Court Cr.Misc. No.58943 of 2018 (3) dt.31-10-2018 2/2 stated before the police that petitioner no. 1 Bishwanath Paswan had caused injury at the hand of Shukhram Paswan with lathi which was a fracture injury, grievous in nature. Considering the general and omnibus nature of allegation and background of allegation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Mohania Police Station Case No. 417 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Kundan/Rajan U T