Birendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6198 of 2022 Arising Out of PS. Case No.-84 Year-2021 Thana- MURLIGANJ District- Madhepura ====================================================== 1.

BIRENDRA PASWAN S/o Jhameli Paswan Resident of Village- Rampur Ward No.12, P.S.- Murliganj, District- Madhepura. 2.

Fuhi Paswan Son of Jhameli Paswan Resident of Village- Rampur Ward No.12, P.S.- Murliganj, District- Madhepura.

3.

Sudan Paswan Son of Jhameli Paswan Resident of Village- Rampur Ward No.12, P.S.- Murliganj, District- Madhepura.

4.

Rajesh Paswan Son of Fuhi Paswan Resident of Village- Rampur Ward No.12, P.S.- Murliganj, District- Madhepura.

5.

Suresh Paswan Son of Fuhi Paswan Resident of Village- Rampur Ward No.12, P.S.- Murliganj, District- Madhepura.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr.Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 325, 327, 307, 354B, 506, 379, 427 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have antecedent of one case and the informant alleges that road construction work was being done forcefully

Patna High Court CR. MISC. No.6198 of 2022(2) dt.22-08-2022 2/3 on her private land by Hari Nandan Paswan, husband of Ward Member, on objection it is alleged that co-accused Hari Nandan Dharmendra, Raj Kumar, Bundel, Rajesh and Suresh pulled her clothes and assaulted on head by an iron rod thereafter Baijnath, Dinesh, Umesh and Premnath assaulted her brother-in-law with an iron rod causing injury on hand and when her husband and sons came to rescue they were also assaulted. Learned counsel for the petitioners submits that from perusal of the allegations as alleged in the F.I.R. it would manifest that on account of dispute with regard to construction work of the government on the private land of the informant, the present occurrence took place, it is next submitted that the allegation of assault is general and omnibus in nature and even the injuries suffered by the informant are simple in nature except for one injury which is said to be grievous but is on the non-vital part of the body as would be evident from Annexure-2 to the anticipatory bail application.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.6198 of 2022(2) dt.22-08-2022 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Murliganj P.S. Case No. 84 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T