Ram Vinod Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2584 of 2020 Arising Out of PS. Case No.-145 Year-2019 Thana- BELSAND District- Sitamarhi ====================================================== 1.
RAM VINOD PASWAN S/o Sri Budhan Paswan R/o village- Belsand, Ward No.- 9, P.S.- Belsand, District- Sitamarhi 2.
Nunu Paswan S/o Late Jagdish Pawan R/o village- Belsand, Ward No.- 9, P.S.- Belsand, District- Sitamarhi 3.
Harish Chandra Paswan @ Harindra Paswan @ Harendra Paswan S/o Late Jagdish Pawan R/o village- Belsand, Ward No.- 9, P.S.- Belsand, DistrictSitamarhi 4.
Arun Paswan S/o Late Jagdish Pawan R/o village- Belsand, Ward No.- 9, P.S.- Belsand, District- Sitamarhi ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Purnendu Singh For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Belsand P.S. Case No. 145 of 2019, registered for the offence punishable under sections 147, 148, 149, 341, 323, 448, 354, 379, 307, 504 and 506 of the Indian Penal Code. As per allegation in the FIR, the accused persons are stated to have assaulted the informant for the reason that the accused person did not provide them with a Sikhar Gutkha and
Patna High Court CR. MISC. No.2584 of 2020(2) dt.28-02-2020 2/3 subsequently, petitioner no. 1 struck the informant's brother with an iron rod, which he took from his shop, as a result of which he sustained injury and the others assaulted him with lathi, danda etc.
It is submitted by learned counsel for the petitioners that the injury report of the brother of the informant has been brought on record as Annexure-2 to the petition, from perusal of which it would transpire that the injuries have been found to be simple in nature. It is further submitted that from the FIR, it would transpire that inspite of the place of occurrence being one kilometre away from the police station, the occurrence is said to have taken place on 03.10.2019 at 7.00 p.m., the matter was reported to the police station and FIR lodged, only at 04.10.2019 at 3 p.m.. Petitioners have no criminal antecedent. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail.
The petitioners are directed to surrender in the Court below within a period of six weeks from today and in the event of their arrest or surrender in connection with Belsand P.S. Case no. 145 of 2019, (G.R. No. 3898 of 2019), they will be enlarged on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.2584 of 2020(2) dt.28-02-2020 3/3 sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Sitamarhi subject to the condition as laid down under section 438(2) of the Cr.P.C.
(Partha Sarthy, J) sushma/- U T