Ramashish Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27453 of 2024 Arising Out of PS. Case No.-158 Year-2018 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1.
Ramashish Paswan S/o Ramdev Paswan R/o vill - Maheshkhunt, English Tola, P.S. - Maheshkhunt, Distt. - Khagaria 2.
Pankaj Kumar S/o Ramashish Paswan R/o vill - Maheshkhunt, English Tola, P.S. - Maheshkhunt, Distt. - Khagaria 3.
Dharmendra Paswan S/o Ramdev Paswan R/o vill - Maheshkhunt, English Tola, P.S. - Maheshkhunt, Distt. - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Anuj Kumar, Advocate For the State :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 323, 341, 504, 506, 307, 379 and 34 of the Indian Penal Code.
3. The prosecution case in brief is that on 10.11.2018, while the informant's cousin, namely Gautam Kumar, was coming to informant's house at about 08:30 PM then all the accused persons stopped him and abused him and thereafter they also snatched his gold chain and cash of Rs. 50,000/- from his pocket. It is further alleged that when Gautam Kumar along with one Ajit Kumar was going to police station to file a case of
Patna High Court CR. MISC. No.27453 of 2024(3) dt.24-06-2024 2/3 the occurrence then the accused persons including these petitioners assaulted them.
4. It is submitted by learned counsel appearing on behalf of the petitioners that due to prior enmity, this false and concocted case has been lodged. It is next submitted that the entire allegations are vague, general and omnibus and no specific overt act has been alleged against the petitioners. It is further submitted that the injuries allegedly caused to the prosecution side have been opined to be simple in nature. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the injured and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners 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 learned C.J.M., Khagaria, in
Patna High Court CR. MISC. No.27453 of 2024(3) dt.24-06-2024 3/3 connection with Maheshkhunt P.S. Case No.158 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T