Patna High CourtCR. MISC./21357/2024bail granted

Birendra Paswan v. The State Of Bihar

2024-04-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21357 of 2024 Arising Out of PS. Case No.-121 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Birendra Paswan S/O Kanhaiya Paswan R/O Village- Vanshipur, P.S- Sahpur (KARNAMEPUR) O.P, Distt.- Bhojpur.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party :

Mr. Sanjay Kumar Sharma, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 147, 149, 341, 323, 307, 324 and 504 of the Indian Penal Code.

3. As per the prosecution case, on the alleged date and time of the occurrence, all the FIR named accused persons including these petitioners assaulted the informant and his son with lathi and bricks as a result of which son of the informant sustained injuries.

4. Learned counsel appearing for the petitioners submits that the specific allegation of assault is against coaccused Sonu Paswan and Bharat Paswan and no overt act has been alleged against these petitioners. Petitioners claims clean antecedent. Several co-accused, with similar allegation, have

Patna High Court CR. MISC. No.21357 of 2024(2) dt.04-04-2024 2/2 already been allowed pre-arrest bail by a co-ordinate bench of this Court vide order passed in Cr.Mis.No.72304/2023.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged 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 Chief Judicial Magistrate, Bhojpur at Ara in Sahpur P.S. Case No. 121 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Shashi (Prabhat Kumar Singh, J) U T