Mithilesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12794 of 2023 Arising Out of PS. Case No.-364 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

Mithilesh Paswan Son Of Late Basudeo Paswan R/O Village- Parasa Tiwari Bigha, P.S.- Muffasil, District- Aurangabad 2.

Sunil Paswan Son Of Mithilesh Paswan R/O Village- Parasa Tiwari Bigha, P.S.- Muffasil, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramendra Kumar Singh For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 354, 379 and 307/34 of the Indian Penal Code pending in the learned court below.

Allegation against the petitioners is that they along with other co-accused persons assaulted the informant by means of kudal and other weapons.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioner no.1 and there is allegation against the petitioner no.2

Patna High Court CR. MISC. No.12794 of 2023(2) dt.19-05-2023 2/2 that he assaulted the brother of the informant by means of kudal and injury was found simple in nature. He further submits that from FIR itself it is apparent that the entire family has been made accused in this case. He submits that the injury found upon the informant is grievous in nature but it is not mentioned that who assaulted the informant. further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Aurangabad (Muffasil) P.S. Case No.364/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T