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Patna High CourtCR. MISC./41507/2021allowed

Vikash Paswan v. The State Of Bihar

2022-03-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41507 of 2021 Arising Out of PS. Case No.-230 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

VIKASH PASWAN S/o Ajay Paswan Resident of Village- Darigaon, P.O.- Darigaon, P.S.- Sasaram Town (Darigaon), Dist- Rohtas. 2.

Sheo Paswan @ Sheo Kumar Son of Late Gaya Paswan Resident of VillageDarigaon, P.O.- Darigaon, P.S.- Sasaram Town (Darigaon), Dist- Rohtas. 3.

Abhishek Kumar @ Abhishek Kumar Paswan @ Abhishek Paswan S/o Haridwar Paswan Resident of Village- Darigaon, P.O.- Darigaon, P.S.- Sasaram Town (Darigaon), Dist- Rohtas.

4.

Mandeep Paswan S/o Haridwar Paswan Resident of Village- Darigaon, P.O.- Darigaon, P.S.- Sasaram Town (Darigaon), Dist- Rohtas. 5.

Rambhu Paswan S/o Niranjan Paswan Resident of Village- Darigaon, P.O.- Darigaon, P.S.- Sasaram Town (Darigaon), Dist- Rohtas. 6.

Sujit Paswan S/o Late Dadan Paswan Resident of Village- Darigaon, P.O.- Darigaon, P.S.- Sasaram Town (Darigaon), Dist- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2022 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court functioning. In the eventuality of non-removal of defects within stipulated time, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 158, 149, 341, 323, 504, 307 and 379 of the Indian Penal Code.

Patna High Court CR. MISC. No.41507 of 2021(2) dt.21-03-2022 2/3 The prosecution case in short is that the petitioners armed with deadly weapons with common intention came to the shop of the informant and started assaulting the informant's side indiscriminately.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to prior dispute. No such occurrence, in the manner as alleged has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is case and counter-case between the parties and in the said occurrence both sides have sustained injuries. The injury report shows the injury as simple in nature. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since both sides have sustained injuries in the alleged occurrence, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.41507 of 2021(2) dt.21-03-2022 3/3 Court in connection with Sasaram Town (Darigaon) P.S. Case No.230 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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