Nitish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20388 of 2021 Arising Out of PS. Case No.-172 Year-2020 Thana- TEKARI District- Gaya ====================================================== 1.

NITISH PASWAN Son of Krishna Paswan Resident of Village- Tepa, P.S.- Tekari and District- Gaya.

2.

Pintu Paswan Son of Prahlad Paswan Resident of Village- Tepa, P.S.- Tekari and District- Gaya.

3.

Ajit Paswan Son of Vasudev Paswan Resident of Village- Tepa, P.S.- Tekari and District- Gaya.

4.

Sanjit Paswan Son of Vasudev Paswan Resident of Village- Tepa, P.S.- Tekari and District- Gaya.

5.

Vinod Paswan Son of Sukhdeo Paswan Resident of Village- Tepa, P.S.- Tekari and District- Gaya.

6.

Chandan Paswan Son of Shivpujan Paswan Resident of Village- Tepa, P.S.- Tekari and District- Gaya.

7.

Harinand Paswa @ Harinandan Paswan Son of Vasudeo Paswan Resident of Village- Tepa, P.S.- Tekari and District- Gaya. 8.

Rintu Paswan Son of Prahlad Paswan Resident of Village- Tepa, P.S.- Tekari and District- Gaya.

9.

Sagar Paswan Son of Dularchand Paswan Resident of Village- Tepa, P.S.- Tekari and District- Gaya.

10.

Narsingh Paswan Son of Santoshi Paswan Resident of Village- Tepa, P.S.- Tekari and District- Gaya.

11.

Chandan Paswan Son of Harinandan Paswan Resident of Village- Tepa, P.S.- Tekari and District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to

Patna High Court CR. MISC. No.20388 of 2021(2) dt.13-04-2021 2/3 remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 354, 379, 325, 504/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioners assaulted the family members of the informant by means of lathi, spear, garasa and iron rod, due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. The present case has been instituted after six days of the alleged occurrence. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender

Patna High Court CR. MISC. No.20388 of 2021(2) dt.13-04-2021 3/3 before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VI, Gaya in connection with Tekari (Panchanpur O.P.) P.S. case No.172 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T