Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14599 of 2022 Arising Out of PS. Case No.-403 Year-2021 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

SUNIL PASWAN SON OF BINDESHWARI PASWAN RESIDENT OF VILLAGE- FIDA BIGHA P.S.- RAFIGANJ, DISTRICT- AURANGABAD 2.

BISHAL KUMAR @ BISHAL PASWAN @ PASWAN SON OF SANJAY PASWAN RESIDENT OF VILLAGE- FIDA BIGHA P.S.- RAFIGANJ, DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rupa Kumari, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 379, 307, 324, 504, 506, 34 of the Indian Penal Code.

The allegation against the petitioners is of assaulting the informant and his aunt by giving bamboo blow and garasa blow. It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.14599 of 2022(2) dt.10-08-2022 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegations are general and omnibus in nature. There is no allegation of assault upon the petitioner no.2. Allegation against the petitioner no.1 is making assault upon the informant and his aunt. The injury sustained by the aunt of the informant is simple in nature. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since the injury is simple in nature, 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 court below where the case is pending/Successor Court in connection with Rafiganj P.S. Case No.403 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.