Pramod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16652 of 2021 Arising Out of PS. Case No.-46 Year-2020 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== 1.

PRAMOD PASWAN Son of Ram Raj Paswan Resident of Village - Bahera, P.S. - Belaon, District - Bhabua at Kaimur.

2.

Ayodhya Paswan Son of Ram Raj Paswan Resident of Village - Bahera, P.S. - Belaon, District - Bhabua at Kaimur.

3.

Dreoraj Paswan Son of- Late Janga Paswan Resident of Village - Bahera, P.S. - Belaon, District - Bhabua at Kaimur.

4.

Rahul Paswan Son of- Ayodhya Paswan Resident of Village - Bahera, P.S. - Belaon, District - Bhabua at Kaimur.

5.

Raushan Paswan Son of Om Prakash Paswan @ Bhikhari Paswan Resident of Village - Bahera, P.S. - Belaon, District - Bhabua at Kaimur. 6.

Nandkeshwar Paswan Son of - Lal Muni Paswan Resident of Village - Bahera, P.S. - Belaon, District - Bhabua at Kaimur. 7.

Yamuna Paswan Son of- Nandkeshwar Paswan Resident of Village - Bahera, P.S. - Belaon, District - Bhabua at Kaimur.

8.

Umesh Paswan Son of Jagdish Paswan Resident of Village - Bahera, P.S. - Belaon, District - Bhabua at Kaimur.

9.

Ramesh Paswan Son of Jagdish Paswan Resident of Village - Bahera, P.S. - Belaon, District - Bhabua at Kaimur.

10.

Pachu Paswan Son of Late Ashok Paswan Resident of Village - Bahera, P.S. - Belaon, District - Bhabua at Kaimur.

11.

Mannu Paswan Son of- Ramesh Paswan Resident of Village - Bahera, P.S. - Belaon, District - Bhabua at Kaimur.

12.

Pawan Kumar Son of- Nandkeshwar Paswan Resident of Village - Bahera, P.S. - Belaon, District - Bhabua at Kaimur.

13.

Lal Bachan Paswan Son of- Late Fulan Paswan Resident of Village - Bahera, P.S. - Belaon, District - Bhabua at Kaimur.

... ... Petitioner/s

Versus

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

2/4 For the Petitioner/s :

Mr.Pritish Kumar Lal, Advocate.

For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-11-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Petitioner no.4 Rahul Paswan and petitioner no.5 Raushan Paswan have already been arrested in this case. Hence their prayer for anticipatory bail is dismissed as infructuous. Heard the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 379, 307, 504 and 506 of the Indian Penal Code.

Petitioner no.3 Deoraj Paswan allegedly caused injury at the head of the father of the informant during the occurrence of assault.

Since Deoraj Paswan had knowledge that his act might cause death, I am not inclined to enlarge the petitioner no.3 on anticipatory bail in connection with Bhagwanpur P.S. Case No. 46 of 2020.

In the event of his surrender within two weeks, prayer for regular bail shall be considered without being

3/4 prejudiced by this order.

Other petitioners bear general and omnibus allegation of assault. The occurrence took place for trivial dispute.

Hence, let the petitioners Pramod Paswan, Ayodhya Paswan, Nandkeshwar Paswan, Yamuna Paswan, Umesh Paswan, Ramesh Paswan, Pachu Paswan, Mannu Paswan, Pawan Kumar and Lal Bachan Paswan, be released on anticipatory bail, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Bhagwanpur P.S. Case No. 46 of 2020, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (b) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below

4/4 (c) The petitioners shall not leave the country without permission of the trial Court.

Accordingly, this application stands disposed of. (Birendra Kumar, J) mantreshwar/- U T