Rajesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23739 of 2023 Arising Out of PS. Case No.-126 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.
RAJESH PASWAN S/O LATE TIRO PASWAN R/O Village- Karor Khanjahanpur, P.S- cheria Bariyarpur, Distt.- Begusarai. 2.
Shashi Paswan S/O Arun Paswan R/O Village- Karor Khanjahanpur, P.Scheria Bariyarpur, Distt.- Begusarai. 3.
Indal Paswan @ Indan Kumar Paswan S/O Sukho Paswan R/O VillageKaror Khanjahanpur, P.S- cheria Bariyarpur, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Randhir Kumar No.1 For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard learned counsel for the petitioners as well as learned APP for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 354(B), 337, 338, 379, 307, 504 of the Indian Penal Code. As per the prosecution case, the petitioners entered into the house of the informant and assaulted and abused the informant's side. It is alleged that he accused persons torn the clothes of informant's wife and snatched golden mangalsutra from her.
Patna High Court CR. MISC. No.23739 of 2023(2) dt.04-07-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that both the sides are agnates. There is a case and counter-case between the parties and both sides have sustained injuries. He further submits that the injuries are simple in nature, which is also apparent from Annexure-3 series of the bail application. Petitioners have one criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case as there is a case and counter-case between the parties and the injuries are of simple nature, 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 court below where the case is pending/Successor Court in connection with Cheria Bariyarpur
Patna High Court CR. MISC. No.23739 of 2023(2) dt.04-07-2023 3/3 P.S. Case No.126 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T