← Library
Patna High CourtCR. MISC./7357/2023allowed

Kaushal Paswan v. The State Of Bihar

2023-05-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7357 of 2023 Arising Out of PS. Case No.-199 Year-2022 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.

Kaushal Paswan Son Of Surendra Paswan Resident Of Village - Dayalpur Safa, Police Station - Rajapakar, District - Vaishali. 2.

Manoj Paswan Son Of Raj Kumar Paswan Resident Of Village - Dayalpur Safa, Police Station - Rajapakar, District - Vaishali. 3.

Rajdeo Paswan Son Of Dev Sharan Paswan Resident Of Village - Dayalpur Safa, Police Station - Rajapakar, District - Vaishali. 4.

Vijay Paswan Son Of Kailash Paswan Resident Of Village - Dayalpur Safa, Police Station - Rajapakar, District - Vaishali. 5.

Chhotu Paswan @ Chhotu Kumar Son Of Bichhu Paswan Resident Of Village - Dayalpur Safa, Police Station - Rajapakar, District - Vaishali. 6.

Rajan Paswan Son Of Surendra Paswan Resident Of Ward No.- 6, Village - Ajampur, Police Station - Rajapakar, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Prabhat For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 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 341, 323, 324, 307, 354, 379, 448, 427, 405, 506 and 34 of the Indian Penal Code.

Allegation against the petitioners is that they had assaulted the family members of the informant. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been

Patna High Court CR. MISC. No.7357 of 2023(2) dt.08-05-2023 2/2 falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific over act against the petitioners. He submits that there is specific allegation against petitioner no. 4 of assaulting the daughter of the informant though, the injury was found simple in nature, as enclosed in Annexure-2 to the bail application. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the nature of the injury, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Rajapakar (Barganti O.P.) P.S. Case No.199 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T