Subhash Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30185 of 2024 Arising Out of PS. Case No.-692 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.
Subhash Paswan S/o-m Late Muni Paswan R/o- Village- Chhotka More, PSSasaram(M), Distt- Rohtas at Sasaram 2.
Kavilash Paswan S/o- Late Muni Paswan R/o- Village- Chhotka More, PSSasaram(M), Distt- Rohtas at Sasaram ... ... Petitioner/s
Versus
1.
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Sasaram Mufassil P.S. Case No. 692 of 2023 dated 31.12.2023, instituted for the offence punishable under Sections 341, 323, 324, 325, 379, 354 (B), 504 and 506 of the Indian Penal Code.
3. The allegations levelled against the petitioners, is that they have abused and assaulted the informant and his family members as a result of which they sustained injuries and they also misbehaved with Sumitra Devi (informant's bhabhi) and snatched cash of worth Rs. 15,000/-.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.30185 of 2024(2) dt.21-05-2024 2/3 petitioners are innocent and they have been falsely implicated in this case. It is submitted that this instant case is counter blast of Sasaram P.S. Case No. 691 of 20923 registered under Sections 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code lodged by Faguni Paswan. The said F.I.R. bearing Sasaram Mufassil P.S. Case No. 691 of 2023 was lodged on 30.12.2023 and the present case was lodged on 31.12.2023. It is submitted that regarding the injuries sustained by Sonam Kumari and Vishal Kumar, the doctor has opined that nature of injuries is simple in nature caused by hard and blunt substance and regarding the injury of Ramvati Devi, the doctor has reserved his opinion mentioning the injuries (i). Left hand swelling and (ii). Left lower loin pain which are caused by hard and blunt substance. Lastly, it has been submitted that they have no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners in connection with Sasaram Mufassil P.S. Case No. 692 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.30185 of 2024(2) dt.21-05-2024 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T