Ketul Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11601 of 2025 Arising Out of PS. Case No.-242 Year-2024 Thana- GAURICHAK District- Patna ====================================================== 1.
Ketul Paswan S/O Late Dharmendra Paswan Resident of villageMahamada, P.O.- Jaitiya, P.S.- Gaurichak, District- Patna 2.
Gopi Paswan S/O Sri Bijendra Paswan @ Vijendra Paswan Resident of village- Mahamada, P.O.- Jaitiya, P.S.- Gaurichak, District- Patna 3.
Sobhi Paswan @ Sobhi Kumar S/O Sri Ajay Paswan Resident of villageMahamada, P.O.- Jaitiya, P.S.- Gaurichak, District- Patna 4.
Bipin Kumar S/O Sri Ganesh Paswan Resident of village- Mahamada, P.O.- Jaitiya, P.S.- Gaurichak, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-04-2025 1.
Heard learned Counsel for the petitioners and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Gaurichak PS case no. 242 of 2024, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code and Section 27 of Arms Act. 3.
The prosecution story, as per the First Information Report, is that on 18.05.2024 in the night, the father of the informant was assaulted by the accused persons including the petitioners by means of dab and further, the house of the
Patna High Court CR. MISC. No.11601 of 2025(2) dt.02-04-2025 2/3 informant was set ablaze, due to which, the expensive articles of the informant burnt to ashes.
4.
Learned Counsel for the petitioners submits that petitioners have falsely been implicated in this case due to previous dispute between the parties. Learned counsel further submits that the true matter is that son of the co-accused fled away along with the daughter of family members of the informant and returned home after three months. The dispute arose between the parties due to that incident. A counter case has also been lodged by the side of the petitioners bearing Gaurichak PS Case No. 243 of 2024. Referring to Annexure P/3 to this application, learned counsel submits that co-accused persons having similar allegations have been granted anticipatory bail by learned court of Additional District & Sessions Judge-II, Patna City itself vide A.B.P. No. 1732 of 2024, after going through the case diary and has found the injury sustained by the victims as simple in nature. 5.
Having regard to the submissions made on behalf of the petitioners and taking into consideration the fact that both parties are co- villagers having previous dispute, a counter case has also been lodged by the side of the petitioners, similarly situated co-accused persons have been granted bail by learned
Patna High Court CR. MISC. No.11601 of 2025(2) dt.02-04-2025 3/3 District Court itself and injury sustained by the informant is simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners.
6.
This application is, accordingly, allowed.
7.
Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released 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 A.C.J.M.-VI, Patna City, Patna in connection with Gaurichak PS case no. 242 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T