Hareram Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69829 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- TEKARI District- Gaya ====================================================== Hareram Paswan, S/o Gopal Paswan R/o village- Dihuri, P.S.- Tekari, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No.2 For the Opposite Party/s :
Mr. Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 147, 148, 149, 307, 379 and 504 of the IPC.
The prosecution case is that on 02.04.2019 at about 7.30 P.M., all the FIR named accused persons including the petitioner came at the door of the informant variously armed when it is specifically alleged that petitioner, Hareram Paswan and coaccused Mintu Paswan assaulted the informant with iron rod causing injury on his head and when the son, wife and brother of the informant came to rescue him, they were also assaulted by all the accused persons including the petitioner. It is further alleged that petitioner took away Rs. 5,000/- from the house of
Patna High Court CR. MISC. No.69829 of 2019(2) dt.27-11-2019 2/3 the informant.
It is submitted by learned counsel for the petitioner that the petitioner is the neighbour of the informant. The injury of the informant, which is alleged to have been caused by the petitioner, has been found simple. It is further submitted that there is counter version of the occurrence, being Tekari P.S. Case No. 117 of 2019, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 354, 379, 504, 506 and 324 of the IPC. Moreover, co-accused, Laldeo Paswan, Rohit Kumar and Shethi Paswan have been granted privilege of anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 07.08.2019, passed in Cr. Misc. No. 49343 of 2019. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner is named in the FIR with specific accusation.
Considering the fact that the injury, which is alleged to have been caused by the petitioner, has been found simple and there being a counter version of the occurrence also, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let above named petitioner be released on anticipatory bail in the
Patna High Court CR. MISC. No.69829 of 2019(2) dt.27-11-2019 3/3 event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-VI, Gaya in connection with Tekari P.S. Case No. 116 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T