Chandan Kumar @ Chandan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23507 of 2025 Arising Out of PS. Case No.-161 Year-2024 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== 1.
Chandan Kumar @ Chandan Paswan S/o Bhupleshwar Paswan R/o VillageLodiyahi, P.S.- Bachhwara, District- Begusarai, Permanent resident of Village- Sherpur Diyara, P.S.- Vidyapati Nagar, District- Samastipur, BIhar, India 2.
Kranti Devi Wife of Amar Kumar Paswan R/o Village- Sherpur Diyara, P.S.- Vidyapati Nagar, District- Samastipur, BIhar, India ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lakshmindra Kumar Yadav For the Opposite Party/s :
Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-04-2025
1. Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 109(1), 126(2), 115(2), 117(2), 303(2), 352, 351(2), 3(5) of BNS.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no.2 is a woman and the informant alleges that accused persons came and Sachin along with Nitish assaulted his father by farsha
2/4 causing injury on head, thereafter they again assaulted his father by rod causing fracture of shoulder, further Ram Prasad and Bilat assaulted his younger brother by an iron rod causing fracture of shoulder and waist with cut injury on hand, thereafter Chandan assaulted his father by rod on head causing injury and Kranti Devi snatched gold chain from the neck of the informant and took Rs.10,000/- and valuable from a box.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that specific allegation of assaulting the father of the informant is against Sachin and Nitish. It is alleged that Sachin and Nitish assaulted the father of the informant by farsha causing injury on head and thereafter again repeated the blow and assaulted the father of the informant by an iron rod causing fracture of shoulder. It is next submitted that on account of assault, made by Sachin and Nitish, the father of the informant had already suffered two injury but then the informant in order to implicate Chandan falsely alleges that he again assaulted the father of the informant by rod causing injury on head when the father of the informant has suffered only two injuries. It is further submitted that allegation
3/4 against Kranti Devi is ornamental in nature.
5. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners. The learned counsel for the informant submits that there is specific allegation against Chandan of assaulting the father of the informant by rod but then is not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that the informant specifically alleges that it was Sachin and Nitish who assaulted by farsha causing injury on head of his father and thereafter he was assaulted by rod on his shoulder as such the father of the informant had already suffered injury at the hand of Sachin and Nitish.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Vidyapati Nagar P.S. Case No.161/2024, subject to the conditions as laid
4/4 down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T