Sadhu Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51526 of 2018 Arising Out of PS. Case No.-356 Year-2018 Thana- BODHGAYA District- Gaya ======================================================

1. Sadhu Paswan son of Sahdeo Paswan.

2. Raju Paswan, Son of Bindeshwar Paswan.

3. Ramanand Paswan, Son of Bindeshwar Paswan.

4. Pyare Paswan, Son of Bindeshwar Paswan.

5. Anil Paswan, Son of Ramswarup Paswan.

6. Premchand Paswan, Son of Anil Paswan.

7. Arjun Paswan, Son of Raju Paswan.

8. Sanju Paswan @ Sanoj Kumar, Son of Raju Paswan.

9. Mitranjan Paswan, Son of Raju Paswan.

10. Chitranjan Paswan, Son of Raju Paswan.

11.Niraj Paswan, Son of Pyare Paswan.

12. Nitish Paswan @ Nitish Kumar, Son of Sanjay Paswan.

13. Rakesh Paswan, Son of Ramanand Paswan, all resident of Village Karma Dhav, P.S.- Cherki Dist.- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prithivi Raj Singh For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 307, 379, 504 and 506 of the Indian Penal Code.

Accusation is that the accused persons including the petitioners abused and assaulted the informant's wife by back side of pistol and sticks. When the informant's wife and sister-in-law tried to save him, they also assaulted them by sticks. It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.51526 of 2018(3) dt.28-09-2018 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is a case and counter case between the parties. Both the sides are said to have been injured in course of occurrence. Injuries on the side of the petitioners have not been explained by the prosecution. The injuries on behalf of the informant side are said to have sustained simple in nature. Hence, no offence under Section 307 of the I.P.C. is made out. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Bodh Gaya (Cherki) P.S. case No.356 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T