Allowed

Mahesh Paswan @ Gunjan Paswan v. The State of Bihar

Patna HC19 Aug 2019CR. MISC./51680/2019

Case brief

AI extract

What is this about?

This is an anticipatory bail petition under Section 438 CrPC. The Court granted bail to the petitioner in connection with an affray case involving assault. The Court noted the familial dispute and nature of injuries while framing standard bail conditions.

What did the court decide?

Petitioner released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the like amount.

Mahesh Paswan @ Gunjan Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51680 of 2019

¶2

Arising Out of PS. Case No.-166 Year-2018 Thana- SARAI RANJAN District- Samastipur

¶3

======================================================

¶4

MAHESH PASWAN @ GUNJAN PASWAN, Son of Gudar Paswan Resident of Village - Akhtiyarpur, P.S.- Sarairanjan, Dist.- Samastipur.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Narendra Kumar Mishra For the Opposite Party/s : Mr.Ajay Kumar Jha ======================================================

¶8

... ... Opposite Party/s

¶9

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

¶10

2 19-08-2019

¶11

The petitioner apprehends his arrest in connection with Sarairanjan P. S. Case No. 166 of 2018 registered under Sections 147, 148, 149, 307, 323, 324, 379, 384 and 448 of the Indian Penal Code.

¶12

Allegation against the petitioner is that petitioner along with other co-accused persons assaulted the brother of the informant by means of rod.

¶13

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case inasmuch as both parties are cousin brothers and there is dispute relating to contract between them. He submits that there is case and counter case in between the parties inasmuch as side of the petitioner has also lodged Sarairanjan P.S.Case No. 168 of 2018 against the prosecution side. Learned counsel, relying upon

¶14

Patna High Court CR. MISC. No.51680 of 2019(2) dt.19-08-2019 2/2

¶15

Annexure-3, submits that petitioner has also got injury due to assault made by the side of the prosecution and the injury caused to Pradeep Paswan is simple in nature.

¶16

After having heard learned counsel for the parties and taking into consideration the fact that both parties are related and there is previous dispute between them and further injury caused to Pradeep Paswan is simple in nature as such I am inclined to grant anticipatory bail to the petitioners.

¶17

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned ACJM- 6^th , Samastipur in connection with Sarairanjan P.S.Case No. 166 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

¶18

(Anil Kumar Sinha, J)

¶19

sujit/-

¶20

U T

Mahesh Paswan @ Gunjan Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mahesh Paswan @ Gunjan Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Indal Ram @ Pandit Ji @ Indal Kumar Ram Vs The State of Bihar

Gopal Prasad Vs The State of Bihar

Shambhu Paswan Vs The State of Bihar

Sunil Sah @ Sunil Kumar Sah Vs The State of Bihar

Tirthnath Jha Vs The State of Bihar

Basant Singh Vs The State of Bihar