Harinandan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6720 of 2022 Arising Out of PS. Case No.-84 Year-2021 Thana- MURLIGANJ District- Madhepura ====================================================== 1.
HARINANDAN PASWAN S/O JAGDISH PASWAN RESIDENT OF VILLAGE- RAMPUR WARD NO. 12 P.S. MURLIGANJ DIST.- MADHEPURA 2.
DINESH PASWAN SON OF BHOGI PASWAN RESIDENT OF VILLAGE- RAMPUR WARD NO. 12 P.S. MURLIGANJ DIST.- MADHEPURA 3.
UMESH PASWAN SON OF BHOGI PASWAN RESIDENT OF VILLAGERAMPUR WARD NO. 12 P.S. MURLIGANJ DIST.- MADHEPURA 4.
BAIJNATH PASWAN SON OF BHOGI PASWAN RESIDENT OF VILLAGE- RAMPUR WARD NO. 12 P.S. MURLIGANJ DIST.- MADHEPURA 5.
PREM NATH PASWAN SON OF BHOGI PASWAN RESIDENT OF VILLAGE- RAMPUR WARD NO. 12 P.S. MURLIGANJ DIST.- 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.Anand Mohan Prasad Mehta, 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
Patna High Court CR. MISC. No.6720 of 2022(2) dt.22-08-2022 2/3 alleges that road construction work was being done forcefully on her private land by Hari Nandan Paswan (petitioner no.1), husband of Ward Member, on objection it is alleged that petitioner no.1 along with other co-accused pulled her clothes and assaulted on head by an iron rod thereafter Baijnath, Dinesh, Umesh and Premnath (all petitioners) 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
Patna High Court CR. MISC. No.6720 of 2022(2) dt.22-08-2022 3/3 counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below 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