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Patna High CourtCR. MISC./6897/2023allowed

Kundan Paswan @ Kundan Kumar v. The State Of Bihar

2023-06-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6897 of 2023 Arising Out of PS. Case No.-130 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

Kundan Paswan @ Kundan Kumar S/O Ramashish Paswan R/O VillageKaror, Khanjapur, Ward No. 17, P.S.- Cheriyabariyarpur, Distt- Begusarai. 2.

Ram Pukar Paswan S/O Ramashish Paswan R/O Village- Karor, Khanjapur, Ward No. 17, P.S.- Cheriyabariyarpur, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-06-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 427, 337, 504, 506 of the Indian Penal Code.

Petitioners are said to have assaulted the son of the informant by means of Khanti.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that there is general and omnibus allegation levelled against the

Patna High Court CR. MISC. No.6897 of 2023(3) dt.19-06-2023 2/2 petitioners. He submits that the injury found upon the victim is simple in nature. He submits that similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 09.01.2023 passed in Cr. Misc. No. 51032 of 2022. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Cheriyabariyarpur P.S. Case No. 130 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

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