Umesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27214 of 2024 Arising Out of PS. Case No.-304 Year-2023 Thana- KONCH District- Gaya ====================================================== 1.
Umesh Paswan S/o Nodagar Paswan R/O Palaki Sultani PS Konch, Dist. - Gaya 2.
Prahalad Paswan S/o Late Biju Paswan @ Vigu Paswan R/O Palaki Sultani PS Konch, Dist. - Gaya 3.
Om Prakash Paswan S/o Umesh Paswan R/O Palaki Sultani PS Konch, Dist. - Gaya ... ... Petitioners.
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Utkarsh Bhushan, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Learned counsel for the petitioners is permitted to make necessary corrections in para-3 of this application.
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 354B, 504 & 506/34 of the Indian Penal Code.
4. All the F.I.R. named accused persons including these petitioners are said to have abused and assaulted the informant's side by means of lathi and iron rod due to which they sustained injuries.
5. It is submitted by learned counsel for the petitioners that
Patna High Court CR. MISC. No.27214 of 2024(2) dt.10-04-2024 2/3 no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. The injury sustained by the victim is simple in nature. Similarly situated co-accused, namely, Parwati Devi @ Parwati Kumari and another have been enlarged on bail by this court vide order dated 08.02.2024 passed in Cr. Misc. No. 1725 of 2024. Petitioners nos.1 and 2 have one criminal antecedent, whereas petitioner no.3 has no criminal antecedent, as mentioned in para-3 of this application.
6. Learned APP for the State opposed the prayer for bail.
7. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Konch P.S. Case
Patna High Court CR. MISC. No.27214 of 2024(2) dt.10-04-2024 3/3 No.304 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T