Randhir Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10030 of 2024 Arising Out of PS. Case No.-268 Year-2023 Thana- BARARI District- Katihar ====================================================== 1.

RANDHIR PASWAN SON OF TEMAN PASWAN RESIDENT OF VILLAGE - MARGHIA, KADAR TOLA, POLICE STATION - BARARI, DISTT.-KATIHAR 2.

PANKAJ PASWAN @ PANKAJ KUMAR SON OF TEMAN PASWAN RESIDENT OF VILLAGE - MARGHIA, KADAR TOLA, POLICE STATION - BARARI, DISTT.-KATIHAR 3.

ANUP PASWAN @ ANUP KUMAR PASWAN SON OF TEMAN PASWAN RESIDENT OF VILLAGE - MARGHIA, KADAR TOLA, POLICE STATION - BARARI, DISTT.-KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Najeeb Ahmad For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2024

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

2. The petitioners apprehend their arrest in connection with Barari P.S. Case No.268/2023, registered for the offence punishable under Sections 341, 323, 379, 354, 307, 504, 506, 427 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners have antecedent of one case. It is next submitted that the informant alleges that on 03.08.2023 at around 7.00 P.M. when she was sitting at her door when the accused persons came

Patna High Court CR. MISC. No.10030 of 2024(2) dt.27-02-2024 2/3 and started abusing her and also assaulted her mercilessly and even torn her cloths and when her family members came to save her, Shankar Paswan and Jyotish Paswan assaulted Deepak Paswan and Abhinandan Paswan causing injury on head and thereafter it is alleged that the accused persons also took away Rs. 15,000/- from the box. The learned counsel next submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that specific allegation of assault is against Shankar and Jyotish, no doubt petitioners are alleged to have participated in the occurrence but then the allegation against them is general and omnibus in nature. It is further submitted that the petitioners will not abscond rather will co-operate in the investigation.

It is also submitted that Shankar Paswan and Jyotish Paswan had moved this court seeking anticipatory bail by filing Cr. Misc. No.11765/2024 and the same was allowed by a learned co-ordinate Bench by an order dated 22.02.2024. It is further submitted that the order till date has not been pronounced but then anticipatory bail has been granted. It is further submitted that the case of the petitioners is on a better footing.

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

Patna High Court CR. MISC. No.10030 of 2024(2) dt.27-02-2024 3/3

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Katihar in connection with Barari P.S. Case No.268/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T