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Patna High CourtCR. MISC./13812/2023allowed

Gautam Paswan @ Gautam Kumar v. The State Of Bihar

2023-06-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13812 of 2023 Arising Out of PS. Case No.-179 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

GAUTAM PASWAN @ GAUTAM KUMAR SON OF BISUNDEV PASWAN @ BISUNDAYAL PASWAN R/O TETERIYA, P.S.- UDWANT NAGAR, DISTRICT- BHOJPUR 2.

BISUNDEV PASWAN @ BISUNDAYAL PASWAN SON OF GANGU PASWAN R/O TETERIYA, P.S.- UDWANT NAGAR, DISTRICTBHOJPUR 3.

MIRA DEVI WIFE OF RAMAYODHYA PASWAN R/O TETERIYA, P.S.- UDWANT NAGAR, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code.

Allegedly, after some altercation, petitioner no.1 assaulted the informant's husband by means of iron rod, and when one Nihal Singh came to protect, petitioner nos.2&3 along with other co-accused persons assaulted him with lathi-danda. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.13812 of 2023(3) dt.22-06-2023 2/2 No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus, and injuries are found simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the nature of the injuries, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Udwant Nagar P.S. Case No. 179 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T