Naresh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12598 of 2021 Arising Out of PS. Case No.-138 Year-2020 Thana- KUTUMBA District- Aurangabad ====================================================== 1.
NARESH PASWAN Son of Daram Paswan, Resident of Village- Rajpur, P.S.- Kutumba, Distt- Aurangabad.
2.
Santan Paswan Son of Arun Paswan, Resident of Village- Rajpur, P.S.- Kutumba, Distt- Aurangabad.
3.
Shankar Paswan Son of Banchu Paswan, Resident of Village- Rajpur, P.S.- Kutumba, Distt- Aurangabad.
4.
Vishnu Paswan Son of Banchu Paswan, Resident of Village- Rajpur, P.S.- Kutumba, Distt- Aurangabad.
5.
Akhilesh Paswan @ Anilesh Paswan Son of Bandhu Paswan, Resident of Village- Rajpur, P.S.- Kutumba, Distt- Aurangabad. 6.
Santosh Paswan Son of Arun Paswan, Resident of Village- Rajpur, P.S.- Kutumba, Distt- Aurangabad.
7.
Arun Paswan Son of Biran Paswan, Resident of Village- Rajpur, P.S.- Kutumba, Distt- Aurangabad.
8.
Rohit Paswan Son of Rajeshwar Paswan, Resident of Village- Rajpur, P.S.- Kutumba, Distt- Aurangabad.
9.
Kapil Paswan Son of Dharam Paswan, Resident of Village- Rajpur, P.S.- Kutumba, Distt- Aurangabad.
10.
Kalesh Paswan Son of Ghutur Paswan, Resident of Village- Rajpur, P.S.- Kutumba, Distt- Aurangabad.
11.
Yogesh Paswan Son of Viran Paswan, Resident of Village- Rajpur, P.S.- Kutumba, Distt- Aurangabad.
12.
Nagendra Paswan Son of Hari Paswan, Resident of Village- Rajpur, P.S.- Kutumba, Distt- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Malti Kumari For the Opposite Party/s :
Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-01-2022 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State through
Patna High Court CR. MISC. No.12598 of 2021(2) dt.10-01-2022 2/3 virtual mode.
The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.
The petitioners apprehend their arrest in connection with Kutumba P.S. Case No. 138 of 2020 registered for offence punishable under sections 147, 148, 149, 323, 307, 504, 506 of the Indian Penal Code.
The informant, Khalil Akhtar made allegation that altogether 18 FIR named accused persons, after entering into the Masjid, threatened the persons, who were present in the Masjid for prayer and they also badly assaulted the persons, who were present for prayer in the Masjid.
The learned counsel for the petitioners has submitted that it is a free fight between the two groups and for the same occurrence, the counter case, i.e. Kutumba P.S. Case No. 139 of 2020, has been lodged and in both the cases, persons were injured. He has also submitted that considering the facts and circumstances, the Coordinate Bench of this Court has granted anticipatory bail to the co-accused, Arvind Paswan in Cr. Misc. No. 4929 of 2021, vide order dated 06.08.2021. Considering the above mentioned facts and
Patna High Court CR. MISC. No.12598 of 2021(2) dt.10-01-2022 3/3 circumstances, the petitioners above named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Kutumba P.S. Case No. 138 of 2020, subject to condition as laid down under section 438(2) Cr. P.C.
Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey , J) Mahesh/- U T