Pappu Paswan @ Pappu Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36184 of 2021 Arising Out of PS. Case No.-254 Year-2020 Thana- BIRPUR District- Supaul ====================================================== 1.

PAPPU PASWAN @ PAPPU KUMAR PASWAN Son of Lalit Paswan Resident of Basantpur Ward No. -07, P.S. Birpur, District - Supaul. 2.

SUNIL PASWAN @ SUNIL KUMAR Son of Jay Krishna Paswan Resident of Basantpur Ward No. -07, P.S. Birpur, District - Supaul. 3.

KAPIL PASWAN @ KAPIL KUMAR Son of Jay Krishna Paswan Resident of Basantpur Ward No. -07, P.S. Birpur, District - Supaul. 4.

JAY KRISHNA PASWAN Son of Late Manglu Paswan Resident of Basantpur Ward No. -07, P.S. Birpur, District - Supaul. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 342, 323, 324, 307, 384 and 34 of the Indian Penal Code.

Prosecution case, in short, is that the accused persons including the petitioners abused the informant and co-accused

Patna High Court CR. MISC. No.36184 of 2021(2) dt.18-05-2022 2/3 Laxman Paswan demanded extortion money of Rs.1 lac and coaccused Anil Paswan assaulted on the head of the informant by means of farsa, as a result of which he sustained head injury. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners. Specific allegation is against the co-accused, namely, Anil Paswan. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.,

Patna High Court CR. MISC. No.36184 of 2021(2) dt.18-05-2022 3/3 Birpur (Supaul) in connection with Birpur P.S. case No.254 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T