Birbhagat Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35039 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -JAMHORA District- AURANGABAD ======================================================

1. Birbhagat Paswan, Son of Ramsewak Paswan,

2. Ramakant Paswan, Son of Sudarshan Paswan,

3. Shashikant Paswan, Son of Sudarshan Paswan,

4. Brinda Paswan @ Brinda Kumar, Son of Ramsewak Paswan, All resident of Village- Makhra, P.S.- Jamhore, District- Aurangabad (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Smt. Leelawati Kumari For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-07-2018 The petitioners are apprehending their arrest in connection with Jamhore P.S. Case No. 35 of 2018, registered for offences punishable under Sections 341, 323, 308, 504, 448, 379 and 34 of the Indian Penal Code.

Allegation against the petitioners that they entered inside the house of the informant and assaulted him. It has been submitted on behalf of the petitioners that they have falsely been implicated in this case and no specific allegation has been levelled and although there is allegation of assault but the injury caused to the informant was found to be simple in nature.

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

Patna High Court Cr.Misc. No.35039 of 2018 (2) dt.06-07-2018 2/2 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 Chief Judicial Magistrate, Aurangabad, in connection with Jamhore P.S. Case No. 35 of 2018, 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 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