Akhilesh Paswan @ Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29804 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- GURUA District- Gaya ====================================================== 1.

AKHILESH PASWAN @ AKHILESH KUMAR S/o Ramdeo Gahlaut Resident of Village- Baiju Bigha, P.S.- Gurua, District- Gaya. 2.

Barun Kumar @ Barun Kumar Nehru S/o Ramdeo Gahlaut Resident of Village- Baiju Bigha, P.S.- Gurua, District- Gaya. 3.

Ranjeet Ranjan S/o Ramdeo Gahlaut Resident of Village- Baiju Bigha, P.S.- Gurua, District- Gaya.

4.

Priya Ranjan Kumar @ Pappu @ Priya Ranjan Kumar Dalar S/o Ramdeo Gahlaut Resident of Village- Baiju Bigha, P.S.- Gurua, District- Gaya. 5.

Jattu Paswan S/o Gopal Paswan Resident of Village- Baiju Bigha, P.S.- Gurua, District- Gaya.

6.

Vikram Kumar S/o Munna Paswan Resident of Village- Baiju Bigha, P.S.- Gurua, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No. 2, Advocate For the Opposite Party/s :

Mr.Raj Kishore Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 354, 385, 379, 504 and 506 of the Indian Penal Code & Section 27 of the Arms Act. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that the

Patna High Court CR. MISC. No.29804 of 2022(2) dt.16-11-2022 2/2 present FIR arises out of a complaint, the date of occurrence is 25.12.2021 and the complaint came to be instituted on 18.01.2022 i.e. after a delay of 24 days without any plausible explanation. Learned counsel submits that if what has been alleged in the F.I.R. is true then definitely the injured would have been treated in a hospital and the hospital would have informed the police but filing of complaint creates doubt with regard to the veracity of the allegations as alleged.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) 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 Gurua P.S. Case No. 44 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T