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Patna High CourtCR. MISC./28457/2024allowed

Pradeep Paswan v. The State Of Bihar

2024-05-15Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28457 of 2024 Arising Out of PS. Case No.-299 Year-2020 Thana- UJIYARPUR District- Samastipur ====================================================== 1.

Pradeep Paswan, Son of Late Suresh Paswan, Resident of VillageLakhnipur Maheshpatti, Police Station- Ujiyarpur, District- Samastipur 2.

Raveen Paswan, Son of Late Suresh Paswan, Resident of Village- Lakhnipur Maheshpatti, Police Station- Ujiyarpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Ujiyarpur P.S. Case No. 299 of 2020, registered for the offences punishable under Sections 147, 148, 149, 307, 323, 379, 354, 427, 504 of the Indian Penal Code.

3. As per the prosecution case, the accused persons including the petitioners duly armed with lathi, danda and iron rod came at the house of the informant and assaulted the informant and his family members and also snatched the golden chain from the wife of the informant.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.28457 of 2024(2) dt.15-05-2024 2/3 petitioners are innocent and have falsely been implicated in this case due to land dispute. In fact, the present case is a counter blast of Ujiyarpur P.S. Case No. 285 of 2020 lodged by the petitioner's side on 24.09.2020. It is further submitted that informant's family members assaulted the father and other family members of the petitioner's side in which father and elder brother of the petitioners have been murdered by the informant and his family members and just to save themselves the present case is lodged on 01.10.2020 i.e. after delay of six days without explaining any valid reason. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection

Patna High Court CR. MISC. No.28457 of 2024(2) dt.15-05-2024 3/3 with Ujiyarpur P.S. Case No. 299 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T