Single judge allowed bail to petitioners in a case alleging assault and grievous hurt involving a land dispute. The court ordered release on furnishing bonds and sureties with conditions under Section 438(2) CrPC.
Release of petitioners on bail on furnishing bonds of Rs.10,000/- each and sureties of Rs.10,000/- each within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.76097 of 2018
Arising Out of PS. Case No.-248 Year-2018 Thana- TEGHRHA District- Begusarai
======================================================
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shashi Dhar Jha For the Opposite Party/s : Mr.Satyendra Narayan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
3 30-01-2019 Heard the parties.
The petitioners seek pre-arrest bail in Teghra P.S. Case No.248 of 2018 registered under Sections 341, 323, 324, 307, 447, 504/34 of the I.P.C.
Accusation is that in the evening of 6.7.2018 while the informant Sri Paswan was putting thatched wall, his agnates petitioners Prem Paswan, Ram Murti Paswan, Ram Pati Paswan and Chhotan Paswan having variously armed with lathi, danda, bricks, khanti came there and made protest claiming the chunk of the land fell in their share and they abused him, The petitioners no.1 and 2 gave lathi blow causing injury whereas petitioner no.3 assaulted by throwing brick causing injury at his
Patna High Court Cr.Misc. No.76097 of 2018(3) dt.30-01-2019 2/3
rib. On hearing alarm being raised by the informant when his son Bipo Paswan rushed to save him, Chhotan Paswan gave him khanti blow causing injury on his head and petitioners no.4 and 5 also assaulted the him and his son Bijo Paswan with lathi and they also damaged his tube well and fodder machine
Learned counsel appearing for the petitioners submits that, the informant and his family members were trying to grab the land of the petitioners which was protested by the petitioners which led to mar pit between them in which both sides received injury for which son of Rampati Paswan also lodged a case bearing Teghra P.S. Case No.258/18 registered under Sections 147, 148, 149, 341, 327, 307, 444/34 of I.P.C. Further submission is that allegation against the petitioner is to cause injury through lathi, brick to the informant and his son but injuries as found on the person of the informant was simple except injury No.4 which is said to be caused by co-accused Chhotan on the head.
Having considered the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within four weeks from today be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to
Patna High Court Cr.Misc. No.76097 of 2018(3) dt.30-01-2019 3/3
the satisfaction of C.J.M., Begusarai, in Teghra P.S.Case No.248/18 subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Rajendra Kumar Mishra, J)
aks/- U
1 issue framed by the court
Whether grant of bail pending investigation in the涉案 case is appropriate.
1 provisions across 1 enactments
Prem Paswan and others
State Of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
