Rajendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 17693 of 2024 Arising Out of PS. Case No.-219 Year-2022 Thana- GURARU District- Gaya ====================================================== 1.
Rajendra Paswan Son of Late Vishnu Paswan Resident of Village- Deokali, Police Station- Guraru, District-Gaya 2.
Prince Kumar Son of Rajendra Paswan Resident of Village- Deokali, Police Station- Guraru, District-Gaya 3.
Sudhir Kumar Son of Vijendra Paswan Resident of Village- Deokali, Police Station- Guraru, District-Gaya 4.
Pramod Kumar Son of Sarjun Paswan Resident of Village- Deokali, Police Station- Guraru, District-Gaya 5.
Pratosh Kumar Son of Arvind Paswan Resident of Village- Deokali, Police Station- Guraru, District-Gaya 6.
Akshay Kumar Son of Rambilash Paswan Resident of Village- Deokali, Police Station- Guraru, District-Gaya 7.
Mukesh Kumar Son of Chanarik Manjhi Resident of Village- Deokali, Police Station- Guraru, District-Gaya 8.
Rajesh Manjhi Son of Chandrika Manjhi Resident of Village- Deokali, Police Station- Guraru, District-Gaya 9.
Abdhesh Manjhi Son of Chanarik Manjhi Resident of Village- Deokali, Police Station- Guraru, District-Gaya 10.
Nitish Kumar Son of Basant Paswan Resident of Village- Deokali, Police Station- Guraru, District-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Aryan Singh, Advocate For the Opposite Party/s :
Mr Anil Kumar Singh No 1, APP ====================================================== CORAM: HONOURABLE MR JUSTICE KHATIM REZA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2 The petitioners apprehend arrest in connection with Guraru PS Case No 219 of 2022 dated 22.11.2022 instituted
2/4 under Sections 147, 461, 504, 323, 307, 379, 120B of the Indian Penal Code.
3 The prosecution case is that the informant was assaulted by the accused persons.
4 The learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is submitted that due to the petty dispute between two groups in the village, the informant and his men brutally assaulted the mother of petitioner No 1 as a result of which she received injury on her head and, therefore, Guraru PS Case No 218 of 2022 has been instituted. In counterblast of that case, the present FIR has been instituted. It is submitted that the FIR has been lodged against 33 accused persons including the petitioners. It is submitted that only one person received injuries and the doctor's opinion regarding the nature of injury is simple caused by hard and blunt object. The learned counsel for the petitioners submits that petitioners No 5, 7, 9 and 10 have no criminal antecedent. So far petitioner No 1 is concerned, he has been made accused in three cases. Petitioner No 2 is accused in two cases. Petitioners No 3, 4 and 6 are accused in one case. Petitioner No 8 has two criminal antecedents.
3/4 5 Learned APP has opposed the prayer for bail.
4/4 petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
7 The application stands allowed.
(Khatim Reza, J) M.E.H./- U T