Butan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73920 of 2019 Arising Out of PS. Case No.-158 Year-2019 Thana- KARAHGAR District- Rohtas ====================================================== 1.
Butan Paswan, Male, aged about 23 years, Son of Dasai Paswan 2.
Tapu Ram, Male, aged about 20 years, Son of Sri Gahan Ram 3.
Gahan Ram, male, aged about 49 years, Son of Late Somaru Ram 4.
Muni Paswan, Male, aged about 70 years, Son of Late Radha Paswan 5.
Mangaru Paswan, Male, aged about 33 years, Son of Dasai Paswan 6.
Chunmun Paswan @ Chunchun Paswan, male, aged about 34 years, Son of Sarju Paswan 7.
Manjit Paswan, male, aged about 19 years, Son of Chunmun Paswan All Resident of Village - Jhalkhora, P.S. - Kargahar, District - Rohtas at Sasaram (Bihar).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lallan Pandey For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 324, 307, 504 and 506 of the Indian Penal Code. Informant has stated in his written complaint that on 11.06.2019 at 5 p.m., while he was sitting near his door, the accused persons including the petitioners started abusing and assaulting him by means of lathi, danda and farsa as a result of
Patna High Court CR. MISC. No.73920 of 2019(2) dt.25-11-2019 2/3 which, he sustained head injury. When his son and daughter came to save him they were also assaulted.
It has been submitted on behalf of the petitioners that there is a case and counter case and nature of injury of informant, his son and daughter is simple as annexed in Annexure 3 to this petition. It has further been submitted that similarly placed co-accused Krishna Paswan has already been granted bail by learned District Judge, Sasaram. Petitioners have no criminal antecedent.
Learned counsel for the informant has vehemently opposed the prayer for bail of the petitioners. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kargahar P.S. Case No.158 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court
Patna High Court CR. MISC. No.73920 of 2019(2) dt.25-11-2019 3/3 concerned.
(2) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.
(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) Sanjay/- U T