Vikash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73608 of 2019 Arising Out of PS. Case No.-165 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.

VIKASH PASWAN S/o Harichandra Paswan 2.

Shivnath Paswan S/o Late Munilal Paswan 3.

Harichandra Paswan S/o Late Munilal Paswan all are R/o village- Ahiai, P.S.- Raja Pakar, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Prabhat For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2019 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 offence punishable under Sections 341, 323, 307, 379, 354, 504, 506/34 of the Indian Penal Code. Prosecution case as lodged by the informant is that on 04.07.2019 his brother Shiv Nath Paswan asked him to accompany him to his house. When the informant and his wife reached there, Shiv Nath and Hari Chandra said that the land belongs to them. Before the informant could understand

Patna High Court CR. MISC. No.73608 of 2019(2) dt.21-11-2019 2/3 anything, petitioners Shiv Nath Paswan pointed a country made pistol over him and his wife. Hari Chandra Paswan assaulted both of them by lathi. The petitioner Vikash Paswan injured him by iron rod and Hari Chandra Paswan pushed his wife to the ground causing her half naked. Vikash Paswan is also alleged to snatch gold chain of the informant's wife Rajan Devi. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in the present case. He submits that the petitioner no. 1 is own nephew of the informant and petitioner no. 2 and 3 are full brother of the informant. He submits that the injuries found upon the informant are simple in nature. He further submits that there is land dispute between the parties for which Title Suit No. 750 of 2017 has been filed and is pending.

In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Rajapakar Police Station Case No. 165 of 2019,

Patna High Court CR. MISC. No.73608 of 2019(2) dt.21-11-2019 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T