Rishi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12032 of 2023 Arising Out of PS. Case No.-211 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== 1.

Rishi Paswan S/O Nagendra Paswan Resident Of Mohalla- Koriyahi, P.S.- Sursand, District- Sitamarhi.

2.

Rakesh Paswan S/O Nagendra Paswan Resident Of Mohalla- Koriyahi, P.S.- Sursand, District- Sitamarhi.

3.

Pankaj Paswan S/O Nagendra Paswan Resident Of Mohalla- Koriyahi, P.S.- Sursand, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Sursand ( Bhiththa O.P) P.S. Case No. 211 of 2022 registered for the offences punishable under Sections 341, 447, 323, 307, 379, 504, 506/34 the Indian Penal Code. As per the prosecution case, all the FIR named accused persons abused and assaulted the informant by means of lathi and iron rod due to enmity for Panchayat election and accused Rakesh Paswan assaulted the informant by iron rod

Patna High Court CR. MISC. No.12032 of 2023(2) dt.27-04-2023 2/3 causing head injury to the informant.

Learned counsel for the petitioners submitted that petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioner no. 1 and 3 and specific allegation of assault is against petitioner no. 2 Rakesh Paswan and one injury was found grievous in nature. Learned counsel for the petitioners further submitted that there is two Rakesh Paswan named in this case, one's father is Nageshwar Paswan ( petitioner) and another's father is Late Kamakhaya Paswan but the informant did not mentioned in the FIR that who has specifically assaulted the informant. There is a dispute for Panchayat Election. It is further submitted that petitioners have clean antecedent as stated in para-3 of this application.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the above named petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Judicial Magistrate, 1st class, Pupari at Sitamarhi in Sursand ( Bhiththa O.P) P.S.

Patna High Court CR. MISC. No.12032 of 2023(2) dt.27-04-2023 3/3 Case No. 211 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T