Binod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34112 of 2021 Arising Out of PS. Case No.-420 Year-2020 Thana- GAURICHAK District- Patna ====================================================== 1.

Binod Paswan 2.

Lagan Kumar 3.

Vinay Paswan all Sons Of Prakash Paswan 4.

Bivha Kumari @ Bhiva Kumari Daughter Of Prakash Paswan 5.

Mamta Devi Daughter Of Prakash Paswan 6.

Nivha Kumari Daughter Of Prakash Paswan all Resident Of Village - Ramganj, Police Station- Gaurichak, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-01-2022 Learned counsel for the petitioners submits that petitioner no. 4 has been arrested by the police, therefore, he does not want to press this application with regard to petitioner no. 4.

Accordingly, this application is dismissed as not pressed with regard to petitioner no. 4.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through the virtual court proceeding.

Learned counsel for the petitioners undertakes to

Patna High Court CR. MISC. No.34112 of 2021(2) dt.28-01-2022 2/3 remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 504, 448, 379, 307, 325, 427, 338, 506/34 of the Indian Penal Code.

Petitioners are said to have assaulted the husband of the informant. It is also alleged in the FIR that all the accused persons entered in the house of the informant and took away Rs. 1,30,000/- which kept in the house for construction work. It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that the present case is counter blast case of Gaurichak P.S. Case No. 453 of 2020. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that the victims were grievously injured for which they were treated at NMCH. One of the injured Mantu Paswan was admitted in NMCH, Patna and discharged after 18

Patna High Court CR. MISC. No.34112 of 2021(2) dt.28-01-2022 3/3 days of treatment.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Gaurichak P.S. Case No. 420 of 2020. (Anjani Kumar Sharan, J) devendra/- U T