Ajit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25723 of 2022 Arising Out of PS. Case No.-141 Year-2021 Thana- HILSA District- Nalanda ====================================================== 1.

AJIT PASWAN S/o Yogendra Paswan R/o village- Juniyar, P.S.- Hilsa, District- Nalanda 2.

Dilip Paswan S/o Yogendra Paswan R/o village- Juniyar, P.S.- Hilsa, District- Nalanda 3.

Yogendra Paswan s/o Late Raman Paswan R/o village- Juniyar, P.S.- Hilsa, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 307, 325 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, petitioner No.1, Ajit Paswan, is alleged to have assaulted Rupesh Paswan with iron rod on his head, petitioner No.2, Dilip Paswan, is alleged to have assaulted, Mukesh Paswan with iron rod on his head and petitioner No.3, Yogendra Paswan, is alleged to have assaulted Badamiya Devi with Lathi on her head.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. No such occurrence as alleged in the FIR has ever taken place. It is further submitted that there is general and

Patna High Court CR. MISC. No.25723 of 2022(3) dt.15-11-2022 2/2 omnibus allegation against the petitioners and the dispute between the parties has been resolved and parties have entered into compromise.

Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that injuries caused by petitioners No.2 and 3 have been found to be grievous in nature. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioners No. 2 and 3 on anticipatory bail. Accordingly, the same is rejected. So far petitioner No.1 is concerned, injury caused by him has been found to be simple in nature and he has got clean antecedent.

Considering the facts of the case and clean antecedent of the petitioner No.1, let the petitioner No.1, above named, in the event of arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial MagistrateI, Hilsa, Nalanda in connection with Hilsa PS case No.141/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T