Umesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29895 of 2024 Arising Out of PS. Case No.-209 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.
UMESH PASWAN S/O BANTI PASWAN R/O VILLAGE- NAUTAN WARD NO.-13, P.S- SANGRAMPUR, DISTT.- EAST CHAMPARAN 2.
BANTI PASWAN S/O SARYUG PASWAN R/O VILLAGE- NAUTAN WARD NO.-13, P.S- SANGRAMPUR, DISTT.- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Singh, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2024
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, 323, 342, 307, 308, 325, 354(B), 379 and 504/34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant. It is further submitted that petitioner no. 1 earlier had instituted Sangrampur P.S. Case No. 207 of 2023 against the informant and his side on 03.06.2023. It is next submitted that the instant FIR came to be instituted on 05.06.2023 when the date of
Patna High Court CR. MISC. No.29895 of 2024(2) dt.28-06-2024 2/3 occurrence is 03.06.2023 as such the FIR came to be instituted after delay of two days without any plausible explanation. It is also submitted that the instant FIR was instituted by way of afterthought and as a counterblast to Sangrampur P.S. Case No. 207 of 2023. It is further submitted that the informant alleges that Awadh Kishore Paswan and Dilip Paswan assaulted the informant by an iron rod causing injury on his head and the petitioners are alleged to have assaulted the brother of the informant who came to save him causing injury on his backbone and also torn the blouse of his wife. It is next submitted that specific allegation of assaulting the informant is against Dilip Paswan and as far as these petitioners are concerned, they are alleged to have assaulted the brother of the informant but then the FIR does not disclose by what the brother of the informant was assaulted.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.29895 of 2024(2) dt.28-06-2024 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sangrampur P.S. Case No. 209 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T