Mithlesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74395 of 2019 Arising Out of PS. Case No.-805 Year-2019 Thana- BIHTA District- Patna ====================================================== 1.

MITHLESH PASWAN, Son of Late Sudhir Paswan Resident of Village - Neora, P.S.- Bihta, District- Patna 2.

Dukhu Paswan Son of Late Bhondu Paswan Resident of Village - Neora, P.S.- Bihta, District- Patna 3.

Mithun Paswan Son of Dharma Paswan Resident of Village - Neora, P.S.- Bihta, District- Patna 4.

Ajay Paswan @ Ajayu Paswan Son of Dukhu Paswan Resident of Village - Neora, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Mritunjay Kumar Son of Sitaram Chaudhary Resident of Village- Pakari Baraw, P.S.- Pakari Baraw, Dist.- Nawada, at present posted as Junior Engineer, Electric Supply Section, Neora, Patna Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the opposite party No.2:

Mr. Ajay Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners, learned counsel for the opposite party No. 2 and learned Additional Public Prosecutor for the State.

This application for anticipatory bail arises out of Bihta (Neora) P.S. Case No. 805 of 2019, disclosing the offences under Sections 341, 323, 325, 307, 353, 504 and 506/34 of the Indian Penal Code.

On perusal of the First Information Report, I find

Patna High Court CR. MISC. No.74395 of 2019(2) dt.27-11-2019 2/3 substance in the submission advanced on behalf of the petitioners that main allegation is against Naresh Paswan. Allegedly, Naresh Paswan had misbehaved with the informant/opposite party No. 2 while he was discharging his official duty as Junior Engineer, Electricity Supply Section, Neora. The said Naresh Paswan is said to have abused and assaulted the informant in inebriated condition and has instigated others also to assault the informant and another consumer.

Considering the nature of allegation against these petitioners, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-5th, Danapur, Distt. Patna, in connection with Bihta (Neora) P.S. Case No. 805 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their

Patna High Court CR. MISC. No.74395 of 2019(2) dt.27-11-2019 3/3 part to appear before the court on two consecutive occasions, their bail Bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) S.Ali/- U T