Dilip Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76986 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- TISIAUTA District- Vaishali ====================================================== 1.

Dilip Paswan Son of Late Bindeshwar Paswan Resident of Village - Pourmai sah Mohammadpur, P.S.- Tisiouta, Distt.- Vaishali. 2.

Mohan Paswan Son of Madhu Paswan Resident of Village - Pourmai sah Mohammadpur, P.S.- Tisiouta, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Tisiouta P.S. Case no. 23 of 2019, registered under Sections 341, 323, 307, 427, 436, 504 and 506/34 of the Indian Penal Code.

The accusation is that 14 persons named in the F.I.R., including the petitioners, put fire on the house of Bhuneshwar Paswan in which grains worth of Rs. 70,000/- burn to ash. At that time, they caused injury through sword at the head of informant then he fell down. Thereafter, Umesh Paswan and Vikash Paswan with intention to kill gave Garansa

Patna High Court CR. MISC. No.76986 of 2019(2) dt.27-11-2019 2/3 blow at the head of Karan Kumar and Shankar Paswan & Mahesh Paswan also caused injury at his head through Garansa and Ganesh Paswan and Dilip Paswan also caused injury to Birendra Paswan through Garansa.

Learned counsel for the petitioners submits that the occurrence of Marpit took place due to land dispute in which petitioners' side also sustained injuries regarding which Tishiout P.S. Case No. 45 of 2019 was instituted on the basis of fardbeyan of Dilip Paswan (petitioner No.1) against the informant and others of the present case. Further submission is that petitioners have no criminal antecedent and similarly situated co-accused Sonu Paswan and other two have already been granted privilege of pre-arrest bail by a co-ordinate Bench of this Court on 23.07.2019 vide Criminal Miscellaneous No. 44996 of 2019.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.IX, Vaishali at Hajipur in connection with Tisiouta P.S. Case No. 23 of 2019,

Patna High Court CR. MISC. No.76986 of 2019(2) dt.27-11-2019 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T