Parnay Paswan @ Pranay Kumar @ Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25437 of 2023 Arising Out of PS. Case No.-183 Year-2020 Thana- PARAIYA District- Gaya ====================================================== Parnav Paswan @ Pranav Kumar @ Rohit Kumar (M), aged about 24 years, Son Of Ramashish Paswan, R/V- Uprauhuli, P.S.- Paraiya Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saket Anand, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-07-2023 Heard Mr. Saket Anand, learned counsel appearing on behalf of the petitioner and Mr. Anuj Kumar Shrivastava, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Paraiya P.S. Case No. 183 of 2020 dated 25.07.2020 registered for the offence punishable under Sections 447, 341, 323, 324, 308 and 34 of the Indian Penal Code and further Section 302 of the Indian Penal Code was added vide order dated 14.08.2020.
3. Prosecution story, in brief, is that all the accused persons named in the FIR had assaulted the informant and his family members by means of bhala due to which they sustained injuries.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.25437 of 2023(2) dt.07-07-2023 2/3 petitioner submitted that specific allegation of assault is against three co-accused, namely, Ramashish Paswan, Ramadhar Paswan and Srikant Paswan. Altogether 9 persons have been named in the FIR. Petitioner, at the best, can be alleged to be one of the members of the mob. One co-accused, namely, Ramesh Paswan @ Ramesh Kumar has been released on bail vide order dated 23.05.2023 passed in Criminal Miscellaneous No. 14152 of 2023. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made against the petitioner. The specific allegation of assault is against three co-accused persons namely, Ramashish Paswan, Ramadhar Paswan and Srikant Paswan. One co-accused, namely, Ramesh Paswan @ Ramesh Kumar has been released on bail vide order dated 23.05.2023 passed in Criminal Miscellaneous No. 14152 of 2023. Petitioner has clean antecedent. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender
Patna High Court CR. MISC. No.25437 of 2023(2) dt.07-07-2023 3/3 before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Gaya/ concerned Court in connection with Paraiya P.S. Case No. 183 of 2020 dated 25.07.2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
8. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will loose its force automatically.
(Purnendu Singh, J) Niraj/Nilmani U T