Pinku Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40573 of 2023 Arising Out of PS. Case No.-67 Year-2021 Thana- KHUSRUPUR District- Patna ====================================================== 1.

Pinku Paswan Son Of Late Kapil Paswan Resident Of Village - Baikathpur, P.S.- Khushrupur, District - Patna.

2.

Rinku Paswan Son Of Late Kapil Paswan Resident Of Village - Baikathpur, P.S.- Khushrupur, District - Patna.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504, 506, 380, 354, 427 of the Indian Penal Code and Section 27 of the Arms Act.

3. The learned counsel for the petitioners submits that the petitioners have antecedent of one case and the informant alleges that on account of blocking of a passage, an altercation took place, in which the accused persons including the petitioners came and on orders of Chinta Devi, petitioner no.1 assaulted him and his wife with an iron rod causing injury on

Patna High Court CR. MISC. No.40573 of 2023(2) dt.03-08-2023 2/3 the left hand and his wife sustained fracture of her left leg. Further, petitioner no.2 assaulted his son with bamboo causing injury on his head and Shani Kumar opened fire and petitioner no.1 snatched gold chain from Mukesh and petitioner no.2 took Rs.10,000/- cash from his house.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that the date of occurrence is 21.01.2021 and the complaint petition came to be filed on 25.01.2021 i. e. after a delay of more than four days. It is further submitted that based on the said complaint, the F.I.R. came to be instituted and from perusal of the injury report (Annexure-2 to the anticipatory bail application), it would manifest that the injury has been submitted by the informant himself and the same does not record the nature of injury rather from perusal of the same, it appears that certain medicines were prescribed for pain relief.

5. Learned A.P.P. opposes the bail application.

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, are directed to be released on bail

Patna High Court CR. MISC. No.40573 of 2023(2) dt.03-08-2023 3/3 on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Smt. Sushmita Kumari, learned J. M., 1st Class, Patna City, Patna in connection with Khushrupur P. S. Case No.67 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T