Kamlesh Paswan @ Mithilesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27741 of 2023 Arising Out of PS. Case No.-641 Year-2022 Thana- BIHAR District- Nalanda ====================================================== 1.

Kamlesh Paswan @ Mithilesh Paswan Son Of Bineshwar Paswan Resident Of Village Ramjichak, P.S. Bihar, Distt. Nalanda 2.

Shailendra Paswan @ Jailendra Paswan Son Of Arjun Paswan Resident Of Village Ramjichak, P.S. Bihar, Distt. Nalanda 3.

Gore Lal Kumar @ Yore Lal Paswan Son Of Mahe Paswan Resident Of Village Ramjichak, P.S. Bihar, Distt. Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2023 Heard learned counsel for the petitioners and the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 of the Indian Penal Code.

3. As per the prosecution case, all the eight FIR named accused person along with 10-15 unknown persons stopped the informant and started abusing him and they all were in inebriated condition. On protest, co-accused Teni Paswan assaulted with lathi on the shoulder of informant. It is further alleged that thereafter all the accused persons including 10-15

Patna High Court CR. MISC. No.27741 of 2023(3) dt.28-08-2023 2/2 unknown assaulted the informant, Gautam Kumar and Ganauri Kumar sustained serious injuries. Thereafter, they were brought to Sadar Hospital Biharsharif, Nalanda for treatment.

4. It is submitted that specific accusation of assault is against co-accused Teni Paswan, so far as petitioners are concerned, there is general and omnibus allegation and no specific overt act has been alleged against petitioners. Petitioners claim clean antecedent.

5. Considering the general and omnibus allegation and clean antecedents, the petitioners above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to 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, Nalanda at Biharsharif in connection with Bihar P.S. Case No. 641 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T