Pukar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4896 of 2025 Arising Out of PS. Case No.-119 Year-2024 Thana- OBRA District- Aurangabad ====================================================== Pukar Paswan Son of Bhikhan Paswan Resident of village- Korainpur, Ramlaganbigha, PS- Obra, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Obra P.S. Case No. 119 of 2024 instituted for the offence under Sections 341, 342, 323, 308, 379, 506 and 34 of the Indian Penal Code.
3. The case of the prosecution is that on 25.03.2024 the informant along with her in-laws had gone to harvest the masoori crop. The informant found that Binod Pawan and Manjita Devi, resident of Obra along with her daughter was carrying away the crop. They have taken away altogether a part of the crop. Her villager arrived there. They were 25 to 30 in number. The informant could identify the petitioner along with
Patna High Court CR. MISC. No.4896 of 2025(2) dt.21-02-2025 2/3 other co-accused persons who assaulted. It is further alleged that one Manoj Yadav received head injury.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is also a counter version of this case. There is no specific overt act against the petitioner rather general and omnibus allegation has been attributed against this petitioner. From perusal of the order of the trial court, it transpires that the nature of injury is simple. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 20.12.2024 in Cr. Misc. No. 87538 of 2024.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Obra P.S. Case no. 119 of 2024, he will be
Patna High Court CR. MISC. No.4896 of 2025(2) dt.21-02-2025 3/3 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Shubham/- U T