Bigau Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31600 of 2020 Arising Out of PS. Case No.-84 Year-2020 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== 1.

BIGAU PASWAN S/o Lalmuni Paswan Resident of Village-Todi, P.S.- Bhagwanpur, District-Kaimur at Bhabua.

2.

Shiv Shankar Paswan S/o Late Rambachan Paswan Resident of VillageTodi, P.S.-Bhagwanpur, District-Kaimur at Bhabua. 3.

Shrawan Paswan @ Shrawan Kumar Paswan S/o Shyambihari Paswan Resident of Village-Todi, P.S.-Bhagwanpur, District-Kaimur at Bhabua. 4.

Rajvans Paswan S/o Late Rambachan Paswan Resident of Village-Todi, P.S.-Bhagwanpur, District-Kaimur at Bhabua.

5.

Shivrati Paswan S/o Late Rambachan Paswan Resident of Village-Todi, P.S.- Bhagwanpur, District-Kaimur at Bhabua.

6.

Arjun Paswan @ Arajun Paswan S/o Radhey Paswan Resident of VillageTodi, P.S.-Bhagwanpur, District-Kaimur at Bhabua. 7.

Jwala Paswan S/o Rajvans Paswan Resident of Village-Todi, P.S.- Bhagwanpur, District-Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. Murlidhar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-03-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners have filed the instant application for grant of anticipatory bail apprehending their arrest in connection with Bhagwanpur P.S. Case no. 84/2020 registered for the offence under sections 307, 147, 148, 149, 341, 323, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.31600 of 2020(5) dt.22-03-2021 2/3 As per allegation in the first information report, it is stated by the informant that the accused persons including the seven petitioners herein brutally assaulted the five members of the family of the informant.

It is submitted by learned counsel for the petitioners that the allegations as levelled in the first information report are false and concocted. There is case and counter case between the parties. All the alleged injuries have been found to be simple in nature. The petitioners have no criminal antecedents and there is no reasonable explanation of the delay of more than 24 hours in lodging of the first information report although the alleged place of occurrence is only 2 kms from the police station. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioners, the Court is inclined to enlarge the petitioners on anticipatory bail.

The petitioners above named, in the event of their arrest or surrender in the Court below within a period of six weeks from today in connection with Bhagwanpur P.S. Case no. 84/2020 are directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.31600 of 2020(5) dt.22-03-2021 3/3 bond of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua subject to the conditions as laid down in section 438(2) of Criminal Procedure Code. (Partha Sarthy, J) Spd/- U T