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Patna High CourtCR. MISC./31591/2021allowed

Amresh Paswan v. The State Of Bihar

2022-04-29Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31591 of 2021 Arising Out of PS. Case No.-164 Year-2020 Thana- IMAMGANJ District- Gaya ====================================================== 1.

Amresh Paswan S/O Rajendra Paswan 2.

Prawesh Paswan @ Parwesh Paswan S/O Rajendra Paswan 3.

Ranjeet Paswan S/O Rajendra Paswan 4.

Rajendra Paswan S/O Late Sagar Paswan 5.

Akhilesh Paswan S/O Rajendra Paswan 6.

Rajesh Paswan S/O Rajendra Paswan All are resident of Village -Bijauni, P.S.-Imamganj, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Kumar, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-04-2022 Heard Mr. Yogesh Kumar, the learned Advocate for the petitioners and Mr. Umesh Lal Verma, the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Imamganj P.S. Case No. 164 of 2020, dated 11.09.2020, instituted for the offences under

Patna High Court CR. MISC. No.31591 of 2021(4) dt.29-04-2022 2/3 Sections 341, 323, 324, 325, 307, 506 and 34 of the Indian Penal Code.

The petitioners are said to have assaulted the members of the prosecution party, injuring several persons.

There is a counter version of the occurrence as well vide Imamganj P.S. Case No. 164 of 2020. The learned counsel for the petitioners has submitted that the accusation against them is absolutely general and omnibus and the dimensions of the injuries received by two of the victims do not make out any case under Section 307 of the Indian Penal Code.

It appears from the order impugned that the final assessment about the nature of injuries suffered by the husband of the informant is yet to be made. The other persons who have been injured in the occurrence are all stated to have received simple injuries.

It has further been submitted that the parties have also decided to settle their dispute amongst themselves and not to prosecute each other any further.

Patna High Court CR. MISC. No.31591 of 2021(4) dt.29-04-2022 3/3 Considering the afore-noted facts, the petitioners were granted provisional bail vide order dated 19.01.2022 and the case diary was also called for from the Court below.

The case diary has been received.

Nothing otherwise has been reported in the police papers.

For the aforesaid reason, the provisional bail granted to the petitioners is, hereby, confirmed. They shall remain on the same bail bonds.

The application stands allowed and disposed off accordingly.

(Ashutosh Kumar, J) Praveen-II/- U T