Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37161 of 2021 Arising Out of PS. Case No.-205 Year-2020 Thana- SARAI RANJAN District- Samastipur ====================================================== 1.

ASHOK PASWAN Son of Vijay Paswan Resident of Village- Bhagwatpar, P.S.- Sarairanjan, District- Samastipur.

2.

CHANDAN PASAWAN @ CHANDAN KUMAR PASWAN S/oKAMESH PASWAN @ KAMLESH PASWAN Resident of VillageBhagwatpur, P.S.- Sarairanjan, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen For the Opposite Party/s :

Mr.Umsshankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sarairanjan (Ghatho) P.S. Case no. 205 of 2020 instituted for the offence punishable under Sections 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, while the informant was going to village market along with his mother-in-law and sisterin-law, petitioner no. 2 fired upon him which caused injury on his right shoulder then the informant caught him. Petitioner no.

Patna High Court CR. MISC. No.37161 of 2021(3) dt.20-06-2022 2/3 1 also came there with pistol. After seeing petitioner no. 1 , informant started to run away but he fell down then both the petitioners started to assault with butt of the pistol on his head. He further alleged that due to old enmity, occurrence took place. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. The prosecution story is bundle of lie. Both parties are on inimical terms and are co-villagers. Both the petitioners were witnesses in a case of which informant and his family members are the accused which was registered under Section 302 IPC. It reveals from the injury report that injury received by the informant is simple in nature.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sarairanjan (Ghatho) P.S. Case no. 205 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of

Patna High Court CR. MISC. No.37161 of 2021(3) dt.20-06-2022 3/3 the like amount each to the satisfaction of learned ACJM-III, Samastipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U