Mahendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4527 of 2020 Arising Out of PS. Case No.-317 Year-2019 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

MAHENDRA PASWAN Son of Late Bengali Paswan Resident of VillageNeo, P.O.-Nad, P.S.-Shivsagar, O.P. Baddi, District-Rohtas. 2.

Dheeraj Paswan Son of Shri Mahendra Paswan Resident of Village-Neo, P.O.-Nad, P.S.-Shivsagar, O.P. Baddi, District-Rohtas. 3.

Bhukhan Paswan Son of Shri Mahendra Paswan Resident of Village-Neo, P.O.-Nad, P.S.-Shivsagar, O.P. Baddi, District-Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shankar Kumar Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-01-2020 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Shivsagar (Baddi) P.S.Case no.317 of 2019 dated 3.9.2019 , registered for offences punishable under Sections 341, 323, 324, 354(B), 379 , 385 and 506/34 of the Indian Penal Code. Prosecution case discloses that while the informant was coming the petitioners surrounded her and misbehaved with her and when the husband of the informant came, he was brutally assaulted him.

Submission of the learned counsel for the petitioners is that as a matter of fact the present case is a counter blast as a

Patna High Court CR. MISC. No.4527 of 2020(2) dt.23-01-2020 2/2 case had been lodged by the petitioners' side against the informant earlier to the present case. Though the specific allegation is against the petitioner no.3 but the injuries are by hard and blunt substance.

Heard learned A.P.P. as well as the learned counsel for the informant, who has opposed the prayer for bail on the ground that there are specific allegation of assault against the petitioners .

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Sasaram in connection with Shivsagar (Baddi) P.S.Case No.317 of 2019 dated 3.9.2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T