Satrudhan Paswan @ Satrudhan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76372 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

SATRUDHAN PASWAN @ SATRUDHAN KUMAR PASWAN S/O- Late Umakant Paswan Resident of Village - Bandh Basti, P.S. - Sadar, Dist. - Darbhanga.

2.

Sanjay Paswan S/O- Uattim Paswan Resident of Village - Bandh Basti, P.S. - Sadar, Dist. - Darbhanga.

3.

Deep Paswan S/O- Late Umakant Paswan Resident of Village - Bandh Basti, P.S. - Sadar, Dist. - Darbhanga.

4.

Sakhi Chand Paswan S/O- Late Umakant Paswan Resident of Village - Bandh Basti, P.S. - Sadar, Dist. - Darbhanga 5.

Aman Kumar Paswan @ Aman Krishn Anand @ Aman Krishn S/O- Sakhi Chand Paswan Resident of Village - Bandh Basti, P.S. - Sadar, Dist. - Darbhanga 6.

Nandu Paswan @ Chandra Shekhar Paswan S/O - Late Bhola Paswan Resident of Village - Bandh Basti, P.S. - Sadar, Dist. - Darbhanga 7.

Avinash Kumar Paswan @ Avinash Krishn Anand @ Avinash Krishn S/OSakhichand Paswan Resident of Village - Bandh Basti, P.S. - Sadar, Dist. - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaqvesh Kumar Sah Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-11-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sadar (Mabbi O.P.) Police Station Case No. 116 of 2019, disclosing offences under Sections 147/148/149/341/323/307/

Patna High Court CR. MISC. No.76372 of 2019(2) dt.27-11-2019 2/3 354B/379/504/34 of the Indian Penal Code.

The allegation against the petitioners is that the petitioner no. 1 gave order of assault upon the informant and others, petitioner nos. 2, 3, 5 and 6 were holding lathis in their hands, petitioner no. 4 assaulted the informant by means of sword and petitioner no. 7 assaulted the nephew of the informant, Baljeet, by means of knife near his eye. Learned Counsel for the petitioners submits that both the parties are co-villagers and neighbours. He further submits that the genesis of the occurrence is that reception ceremony was going on in the house of the informant, in which they were playing D.J. on high sound and the side of the petitioners requested the side of the informant to keep the volume of the D.J.

low, upon which a scuffle took place between the parties and a case and counter case have been lodged by the parties inasmuch as Sadar Police Station Case No. 114 of 2019 has been lodged by the side of the petitioners. He further submits that persons from both sides have received injuries and two persons from the side of the petitioners have also received injuries. He, referring to Annexures 2 and 3 (injury reports), submits that the injuries caused to the informant and his nephew have been found to be simple in nature.

Patna High Court CR. MISC. No.76372 of 2019(2) dt.27-11-2019 3/3 Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neighbours and there appears to be free fight between them, for which case and counter case have been lodged and the injuries caused to the informant and his nephew are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Sadar (Mabbi O.P.) Police Station Case No. 116 of 2019, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √