Shankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11765 of 2024 Arising Out of PS. Case No.-268 Year-2023 Thana- BARARI District- Katihar ====================================================== 1.

Shankar Paswan Son Of Teman Paswan Resident Of Village - Marghia, Kadar Tola, Police Station - Barari, Distt. - Katihar 2.

Jaytish Paswan @ Jyotish 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 Petitioners :

Mr. Najeeb Ahmad, Advocate For the State :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 379, 354, 307, 504, 506, 427 and 34 of the Indian Penal Code.

3. As per prosecution case, both these petitioners are alleged to have assaulted the son of the informant and one Abhinandan Paswan by means of iron rod due to which both of them sustained head injury.

4. It is submitted by learned counsel appearing on behalf of the petitioners that the petitioners have falsely been implicated in this case. As per injury report, all the injured have sustained simple injuries, except the informant. It is next

Patna High Court CR. MISC. No.11765 of 2024(2) dt.22-02-2024 2/2 submitted that the F.I.R. has been lodged after delay of five days, without any explanation for the same.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances, nature of injuries and delay in lodging of the F.I.R., the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Katihar, in connection with Barari P.S. Case No.268 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T