Arvind Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7351 of 2022 Arising Out of PS. Case No.-104 Year-2021 Thana- MAHESI District- East Champaran ====================================================== 1.

Arvind Paswan Son Of Santlal Paswan Resident Of Village- Kankatti, P.S.- Mehsi, District- East Champaran 2.

Nikesh Paswan Son Of Santlal Paswan Resident Of Village- Kankatti, P.S.- Mehsi, District- East Champaran 3.

Dinesh Paswan Son Of Santlal Paswan Resident Of Village- Kankatti, P.S.- Mehsi, District- East Champaran 4.

Santlal Paswan S/O Late Khekhru Paswan Resident Of Village- Kankatti, P.S.- Mehsi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-08-2022 Heard learned counsel for the parties.

Petitioners apprehend arrest in a case registered for offence punishable under sections 305, 504, 506/34 and other ancillary sections of the Indian Penal Code.

Petitioners and other accused persons are alleged to have assaulted the informant, her husband, son and daughter in law as a result of which some of them sustained grievous injuries.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. There is

Patna High Court CR. MISC. No.7351 of 2022(2) dt.02-08-2022 2/2 general and omnibus allegation of assault against all the accused persons and no specific overt act has been alleged against the petitioners. There is a case and counter case. Parties are agnate and there is land dispute between the parties in which simple marpit took place between them.

Learned counsel appearing for the State opposes the prayer for bail. He submits that the petitioners and other accused persons assaulted the informant side as a result of which three persons sustained grievous injuries. In view of the nature of allegation, prayer for bail of the petitioners is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) shashi/- U T