Narayan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35158 of 2023 Arising Out of PS. Case No.-596 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

Narayan Paswan S/O Madan Paswan R/O Village- Repura, PO- Akauna, P.SDaudnagar, Distt.- Aurangabad. 2.

Madan Paswan S/O Late Lal Muni Paswan R/O Village- Repura, POAkauna, P.S- Daudnagar, Distt.- Aurangabad. 3.

Jayant Paswan S/O Madan Paswan R/O Village- Repura, PO- Akauna, P.SDaudnagar, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor (for brevity 'APP') for the State.

2. The petitioners are apprehending their arrest in connection with Daudnagar P.S. Case No. 596/ 2022 registered for the offence punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code (for brevity 'IPC').

3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 27.10.2022, the accused persons assaulted Vikash, Prince and Arjun with iron rod, axe and knife while they were working in their field, on account of which Vikash and

Patna High Court CR. MISC. No.35158 of 2023(2) dt.21-07-2023 2/3 Prince sustained injury on head while Arjun received injury on his left leg.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that from perusal of the allegations as alleged in the FIR it would manifest that allegation of assault is not specific and even the injury suffered by Vikash is simple in nature, it is further submitted that there is no injury of Prince and Arjun on record. Co-accused, namely, Ravikishan Kumar, Chandrama Kumar & Indrajeet Paswan, have been allowed anticipatory bail in Cr. Misc. No. 24558 of 2023.

5. Learned APP for the State has opposed the prayer for anticipatory bail.

6. Having regard to the submissions advanced by the petitioners' counsel, nature of allegations and explanation regarding antecedents, this Court is inclined to allow petitioners' prayer for grant of anticipatory bail.

7. Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.35158 of 2023(2) dt.21-07-2023 3/3 learned A.C.J.M., Daudnagar, Aurangabad, in connection with Daudnagar P.S. Case No. 596/2022, subject to the following conditions:

(i) That one of the bailors of each of the petitioners will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners concerned. The bailors will also undertake to inform the court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled.

(Madhuresh Prasad, J) uttam/- U T