Sudhir Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16629 of 2024 Arising Out of PS. Case No.-309 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

Sudhir Paswan S/o Jata Shankar Paswan @ Jata Shankar Hazari R/o vill - Hari Nagar, P.S. - Kusheshwar Asthan, Distt. - Darbhanga 2.

Mohan Paswan Son of Jata Shankar Paswan R/o vill - Hari Nagar, P.S. - Kusheshwar Asthan, Distt. - Darbhanga 3.

Bablu Paswan Son of Jata Shankar Paswan @ Jata Shankar Hazari R/o vill - Hari Nagar, P.S. - Kusheshwar Asthan, Distt. - Darbhanga 4.

Lallu Paswan S/o Jata Shankar Paswan @ Jata Shankar Hazari R/o vill - Hari Nagar, P.S. - Kusheshwar Asthan, Distt. - Darbhanga 5.

Bipin Paswan S/o Lalan Paswan R/o vill - Hari Nagar, P.S. - Kusheshwar Asthan, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Kusheshwar Asthan P.S. Case No. 309 of 2023 instituted for the offence under Sections 341, 323, 324, 308, 379, 504, 506/34 of the Indian Penal Code.

3. It is a case of assaulting to the informant and his other family members by all the F.I.R. named accused persons

Patna High Court CR. MISC. No.16629 of 2024(3) dt.04-04-2024 2/3 including the petitioners due to which they sustained injuries.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. The present case has been instituted on 8.9.2023 whereas the occurrence took place on 6.9.2023, there is no explanation of two days delay in lodging the FIR. There is general and omnibus allegations against the petitioners. Moreover, co-accused Jata Shankar Paswan has already been enlarged on bail by this Court vide order dt. 7.2.2024 passed in Cr. Misc. No. 5225 of 2024.

5. Learned APP appearing for the state has opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kusheshwar Asthan P.S. Case No. 309 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Biraul at Darbhanga,

Patna High Court CR. MISC. No.16629 of 2024(3) dt.04-04-2024 3/3 subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U