Subhash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17225 of 2020 Arising Out of PS. Case No.-5 Year-2020 Thana- KADIRGANJ District- Patna ====================================================== 1.

SUBHASH PASWAN S/O Baleshwar Paswan R/o Village- Mankipar, P.S. - Kadirganj, Distt. - Patna.

2.

Anshu Devi @ Anshu Kumari Daughter of Subhas Paswan R/o VillageMankipar, P.S. - Kadirganj, Distt. - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lallu Prasad For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioners and Shri Ashok Kumar, learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kadirganj P.S. Case No. 5 of 2020 for the offence registered under Sections 341, 323, 307, 504/34 of the Indian Penal Code. The allegation is regarding the accused persons including the petitioners herein having assaulted the informant and her family members.

Patna High Court CR. MISC. No.17225 of 2020(2) dt.16-09-2020 2/3 The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and are having clean antecedent. It is further submitted that a general and omnibus allegation has been levelled against the petitioners herein and the fact is that the members of the prosecution party have not received any injuries.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the fact that a general and omnibus allegation has been levelled against the petitioners herein, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.

Accordingly, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Masaurhi, Patna in connection with Kadirganj P.S. Case No. 5 of 2020

Patna High Court CR. MISC. No.17225 of 2020(2) dt.16-09-2020 3/3 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T