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2025 DAILYLAW 83877 (PAT)

BUTTA PASWAN @ BUTTA KUMAR v. The State of Bihar

CR. MISC./85312/2024 · 2025-01-28

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85312 of 2024 Arising Out of PS. Case No.-76 Year-2024 Thana- MAHKAR District- Gaya ====================================================== Butta Paswan @ Butta Kumar S/O Manju Paswan R/O Village- Chhatani, P.S.- Mahakar, District- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 85364 of 2024 Arising Out of PS. Case No.-76 Year-2024 Thana- MAHKAR District- Gaya ====================================================== 1. Amitabh Paswan @ Amitabh Pawan S/O Bhagwan Paswan R/O Village- Chhatani,PS-mahakar, Distt-Gaya 2. Sonu Kumar S/O Mahendra Paswan R/O Village-Chhatani,PS-mahakar, Distt-Gaya 3. Ganesh Kumar Pawan @ Ganesh Pawan @ Ganesh Paswan S/O Rajkumar Paswan R/O Village-Chhatani,PS-mahakar, Distt-Gaya 4. Pappu Paswan S/O Surendra Paswan R/O Village-Chhatani,PS-mahakar, Distt-Gaya 5. Raushan Paswan @ Raushan Kumar S/O Yugal Paswan R/O Village- Chhatani,PS-mahakar, Distt-Gaya 6. Arun Paswan S/O Late Ramdahin Paswan @ Late Ramadhin Paswan R/O Village-Chhatani,PS-mahakar, Distt-Gaya 7. Pawan Paswan S/O Late Kedar Paswan R/O Village-Chhatani,PS-mahakar, Distt-Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 85312 of 2024) For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP (In CRIMINAL MISCELLANEOUS No. 85364 of 2024) For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH Patna High Court CR. MISC. No.85312 of 2024(3) dt.28-01-2025 2/4 ORAL ORDER 3 28-01-2025 Reg:- CRIMINAL MISCELLANEOUS No. 85312 of 2024 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered under Sections 147, 148, 149, 341, 448, 323, 325, 354 and 308 of the Indian Penal Code. 3. As per F.I.R., on 07.04.2024, this petitioner along with other named accused persons assaulted and teased informant. It is further alleged that the accused persons also assaulted the brother-in-law of informant. During course of assault, informant’s hand got fractured. 4. Learned counsel appearing on behalf of the petitioner submits that due to petty dispute, a quarrel took place between the parties in which both sides sustained injuries. Case and counter case. Allegation of assault and tease is general and omnibus. Injuries sustained by the injured are simple in nature. Petitioner has got no criminal antecedent. 5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner. 6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the Patna High Court CR. MISC. No.85312 of 2024(3) dt.28-01-2025 3/4 learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I, Gaya in connection with Mahkar P.S. Case No. 76 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Reg:- CRIMINAL MISCELLANEOUS No. 85364 of 2024 7. Heard learned counsel for the petitioners and learned A.P.P. for the State. 8. The petitioners apprehend their arrest in a case registered under Sections 147, 148, 149, 341, 448, 323, 325, 354 and 308 of the Indian Penal Code. 9. As per F.I.R., on 07.04.2024, these petitioners along with other named accused persons assaulted and teased informant. It is further alleged that the accused persons also assaulted the brother-in-law of informant. During course of assault, informant’s hand got fractured. 10. Learned counsel appearing on behalf of the petitioners submits that due to petty dispute, a quarrel took place between the parties in which both sides sustained injuries. Case and counter case. Allegation of assault and tease is general and omnibus. Injuries sustained by the injured are simple in nature. 11. Learned A.P.P. appearing on behalf of the State Patna High Court CR. MISC. No.85312 of 2024(3) dt.28-01-2025 4/4 opposed the bail application. 12. Having considered the aforesaid facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I, Gaya, in connection with Mahkar P.S. Case No. 76 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. utkarsh/- (Prabhat Kumar Singh, J) U T