Surendra Paswan @ Sulendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8699 of 2024 Arising Out of PS. Case No.-320 Year-2023 Thana- PUNPUN District- Patna ====================================================== 1.

Surendra Paswan @ Sulendra Paswan Son Of Anil Paswan Resident Of Village- Nima, Ps- Punpun, Dist- Patna 2.

Sudhir Paswan Son Of Shyam Bahadur Paswan Resident Of Village- Nima, Ps- Punpun, Dist- Patna 3.

Anil Paswan Son Of Shyam Bahadur Paswan Resident Of Village- Nima, Ps- Punpun, Dist- Patna 4.

Bindiya Paswan @ Bidhya Paswan Son Of Shyam Bihari Paswan Resident Of Village- Nima, Ps- Punpun, Dist- Patna 5.

Babloo Paswan @ Babloo Kumar Son Of Karu Paswan Resident Of VillageNima, Ps- Punpun, Dist- Patna 6.

Birendra Paswan Son Of Mangal Paswan Resident Of Village- Nima, PsPunpun, Dist- Patna 7.

Ramakant Paswan Son Of Suresh Paswan Resident Of Village- Nima, PsPunpun, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lallu Prasad For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 385, 506, and 509 of the Indian Penal Code and Section 27 of Arms Act.

3.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.8699 of 2024(2) dt.05-03-2024 2/3 petitioner No. 1 has antecedent of one case and rest of the petitioners are persons with clean antecedent. It is next submitted that informant falsely implicated the accused persons, including the petitioners with an allegation that petitioner No. 1 along with other assaulted him on account of dispute relating to land. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that though the informant alleges that he was assaulted by petitioner No. 1 but then the FIR does not even remotely suggest the weapon used for assaulting. It is next submitted that allegation of firing is ornamental as no one has received any firearm injury. It is further submitted that petitioners will not abscond rather will cooperate in the investigation. It is further submitted that though there is allegation of assault but then there is no injury report on record.

4.

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

5.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.8699 of 2024(2) dt.05-03-2024 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Punpun P.S. Case No. 320 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6.

However, it is made clear that the learned trial court before accepting the bail bonds of the petitioners shall verify the injury report and in the event if it is found that the informant suffered any injury in that event the bail bonds of the petitioner No. 1 shall not be accepted, and in the event if there is no injury report on record in that event the bail bonds of the petitioner No. 1 shall be accepted forthwith (Satyavrat Verma, J) SUMIT/- U T