Rang Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41631 of 2021 Arising Out of PS. Case No.-388 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== 1.

RANG PASWAN Son of Sitaram Paswan Resident of Village - Bela, P.S.- Barachatti, District - Gaya.

2.

Nandlal Paswan Son of Sitaram Paswan Resident of Village - Bela, P.S.- Barachatti, District - Gaya.

3.

Gulab Paswan Son of Sitaram Paswan Resident of Village - Bela, P.S.- Barachatti, District - Gaya.

4.

Anil Kumar Son of Vijay Paswan Resident of Village - Bela, P.S.- Barachatti, District - Gaya.

5.

Munna Kumar Son of Naresh Paswan Resident of Village - Bela, P.S.- Barachatti, District - Gaya.

6.

Bittu Kumar Son of Bhagwan Paswan Resident of Village - Bela, P.S.- Barachatti, District - Gaya.

7.

Uday Paswan Son of Akal Paswan Resident of Village - Bela, P.S.- Barachatti, District - Gaya.

8.

Naresh Paswan Son of Indra Paswan Resident of Village - Bela, P.S.- Barachatti, District - Gaya.

9.

Munna Paswan Son of Uday Paswan Resident of Village - Bela, P.S.- Barachatti, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-04-2022 Learned counsel for the petitioners submits that he does not want to press the anticipatory bail application with regard to petitioner nos. 1, 5, 6, 7, 8 and 9 as they have already been arrested by the police.

Accordingly, anticipatory bail application with regard to petitioner nos. 1, 5, 6, 7, 8 and 9 is dismissed as not pressed.

Patna High Court CR. MISC. No.41631 of 2021(2) dt.08-04-2022 2/3 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through the virtual court proceeding with regard to rest of the petitioners. Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 308, 147, 149 of the Indian Penal Code.

Petitioners are said to have assaulted the informant and his nephew as a result of which both of them sustained injury.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific allegation against the petitioners rather allegation levelled against the petitioners is general and omnibus in nature. He submits that the injury found upon the informant and his nephew is simple in nature. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Patna High Court CR. MISC. No.41631 of 2021(2) dt.08-04-2022 3/3 Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioner nos. 2, 3 and 4 in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 Barachatti P.S. Case No. 388 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T