Rupesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27165 of 2023 Arising Out of PS. Case No.-211 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== 1.

RUPESH PASWAN Son of Late Bhogi Paswan R/V- Koriahi, PS-Sursand, Dist- Sitamarhi 2.

Naresh Paswan Son of Sogindra Paswan R/V- Koriahi, PS-Sursand, DistSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 447, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. The informant alleges that on account of an election dispute, nine named accused persons including the petitioners came variously armed and started assaulting the informant, it is next alleged that Rakesh Paswan assaulted informant with an iron rod causing injury on head and thereafter when Rajesh and Bharat came to rescue, all the accused persons assaulted them.

4. The learned counsel for the petitioners submits that petitioners are persons with clean antecedent and has been falsely

Patna High Court CR. MISC. No.27165 of 2023(2) dt.21-07-2023 2/2 implicated in the present case, it is next submitted no doubt injuries suffered by the informant is grievous but then there is specific allegation of assault against Rakesh, it is next submitted that Rajesh Paswan also suffered injury but then injury is simple in nature and there is no specific allegation of assault against the petitioner of assaulting informant who sustained grievous injury.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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 trial court within a period of six weeks from today, be released on anticipatory 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 learned trial court where the case is pending/successor court in connection with Sursand P.S. Case No. 211 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T