Bhuar Paswan @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20076 of 2024 Arising Out of PS. Case No.-715 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== 1.

Bhuar Paswan @ Rajesh Kumar son of Kanhaiya Paswan Village- Piparpanti Ps- Krishnagarh Dist- Bhojpur 2.

Kanhaiya Paswan son of Laxman Paswan Village- Piparpanti PsKrishnagarh Dist- Bhojpur 3.

Hareram Paswan son of Laxman Paswan Village- Piparpanti PsKrishnagarh Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Malti Kumari , Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-04-2024 At the outset, learned counsel for the petitioner No. 2 seeks permission to withdraw the pre-arrest bail petition.

2. Permission is accorded.

3 . This bail petition of petitioner No. 2 is dismissed as withdrawn .

4. Heard learned counsel for the petitioner Nos. 1 and 3 and the State .

5 . Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 323 , 307, 379, 307, 504 and 506 of the Indian Penal Code .

6. Allegation against these petitioners is that they

Patna High Court CR. MISC. No.20076 of 2024(2) dt.02-04-2024 2/3 along with other co-accused persons assaulted the informant by means of lathi due to which the informant sustained injury .

7. It is submitted on behalf of the petitioners that the petitioners are innocent and have falsely been implicated in this case. Present case is counter blast of SC/ST P . S. case No. 71 of 2023 which was lodged by the petitioners side against informant and others in which both sides sustained injuries. There is general and omnibus allegation against both the petitioners. FIR has been lodged after the delay of three days for which there is no plausible explanation . All the alleged sections are bailable except 307, 379 of IPC but no offence under Section 307 is made out against these petitioners. Petitioners claim clean antecedent.

8 Learned counsel for the State oppose the bail petition.

9. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner Nos. 1 and 3 , as named 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 the learned Chief Judicial Magistrate , Bhojpur at Ara in connection with Barhara (Krishnagarh) P.S. Case No.

Patna High Court CR. MISC. No.20076 of 2024(2) dt.02-04-2024 3/3 715 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T