Kali Charan Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48079 of 2018 Arising Out of PS.Case No. -172 Year- 2018 Thana -SUPAUL District- SUPAUL ======================================================

1. Kali Charan Paswan S/o Fagu Paswan,

2. Durga Paswan S/o Late Ramji Paswan, Both are resident of VillageLokaha, Ward No.- 5, Loukaha, O.P., P.S. & District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Babu Nandan Prasad, Adv : Patla Kumari, Adv For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-10-2018 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 341,323,325,607,354(B),379,427,504,506/34 of the Indian Penal Code.

Land dispute is the reason behind the occurrence of assault committed by the petitioners. Petitioner-Kali Charan Paswan allegedly caused injury at the head of the informant with Bhala, a penetrating weapon. The Doctor has found injury at the head of the informant caused by a pointing object.

Patna High Court Cr.Misc. No.48079 of 2018 (3) dt.08-10-2018 2/2 Since petitioner-Kali Charan Paswan had knowledge that his act might cause death, I am not inclined to enlarge him on bail. He may surrender within three weeks and pray for regular bail.

There is general and omnibus allegation of commission of assault and theft against petitioner-Durga Paswan, hence, let the petitioner, above named, in the event of his 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 bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Supaul (Loukaha O.P.)P.S.Case No.172 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T