Munna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33297 of 2024 Arising Out of PS. Case No.-272 Year-2023 Thana- GAURICHAK District- Patna ====================================================== 1.

Munna Paswan Son of Late Tulsi Paswan Resident of Mohalla- Mahmada, Police Station- Gaurichak, Dist.- Patna 2.

Mukesh Kumar Son of Munna Paswan Resident of Mohalla- Mahmada, Police Station- Gaurichak, Dist.- Patna 3.

Rahul Kumar Paswan @ Rahul Kumar Son of Lal Dev Paswan Resident of Mohalla- Mahmada, Police Station- Gaurichak, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Anil Kumar, Advocate For the State :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 436, 447, 448, 364, 506 and 34 of the Indian Penal Code.

3. As per prosecution case, only on suspicion that the brother of the informant has stolen a mobile phone, all the accused persons named in the F.I.R., including these petitioners, armed with weapons, assaulted the brother of the informant and thereafter, set the house on fire.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioners are quite innocent

Patna High Court CR. MISC. No.33297 of 2024(3) dt.01-07-2024 2/3 and have committed no offence. Rather, they have been falsely implicated in this case due to land dispute. As a matter of fact, on 07.06.2023, mother of the informant herself filed a petition before the C.O., Rupaspur, to the effect that on 06.05.2023 at about 2 AM, the house of the informant burnt due to electrical short circuit, for which she sought compensation and after two days of lodging the aforesaid petition, this instant F.I.R. has been lodged by the informant against these petitioners and others, which itself falsifies the entire prosecution case. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Patna City, in connection with

Patna High Court CR. MISC. No.33297 of 2024(3) dt.01-07-2024 3/3 Gaurichak P.S. Case No.272 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T