Udal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29643 of 2023 Arising Out of PS. Case No.-711 Year-2022 Thana- BELAGANJ District- Gaya ====================================================== 1.
UDAL PASWAN SON OF NARAYAN PASWAN RESIDENT OF VILLAGE- SINGHAUL, PS- BELAGANJ, DISTT- GAYA 2.
SHREERAM PASWAN @ SRI RAM PASWAN SON OF NARAYAN PASWAN RESIDENT OF VILLAGE- SINGHAUL, PS- BELAGANJ, DISTT- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 448, 341, 323, 379, 354(b), 427, 504 and 308/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent.
The informant alleges that petitioners assaulted her husband and other family members by lathi and iron rod causing injury on the head of her husband and other family members sustained multiple injury.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that petitioner no. 1 suffers 65% disability as would be
Patna High Court CR. MISC. No.29643 of 2023(2) dt.07-07-2023 2/2 evident from Annexure-3 to the anticipatory bail application. It is thus submitted that petitioners could not have assaulted in the manner as alleged. It is next submitted that even presuming what has been alleged is true without admitting then the injury suffered by the husband of the informant is simple in nature and the blow is not alleged to have been repeated nor there is specific allegation against any of the petitioners of assault rather the allegations are general and omnibus in nature.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
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/- (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 Belaganj P.S. Case No. 711 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T