Suryanarayan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34813 of 2022 Arising Out of PS. Case No.-44 Year-2021 Thana- KARJAIN District- Supaul ====================================================== 1.

Suryanarayan Paswan S/O Late Hari Prasad Paswan Resident Of VillageBaroha, Ward No. 9, P.S.- Karjain, District- Supaul. 2.

Ramdeo Paswan S/O Late Adhik Paswan Resident Of Village- Baroha, Ward No. 9, P.S.- Karjain, District- Supaul.

3.

Shiv Narayan Paswan S/O Kailu Paswan Resident Of Village- Baroha, Ward No. 9, P.S.- Karjain, District- Supaul.

4.

Bhola Paswan S/O Jashi Paswan Resident Of Village- Baroha, Ward No. 9, P.S.- Karjain, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-11-2022 Learned counsel for the petitioners seeks permission to withdraw anticipatory bail petition with respect to petitioner No. 1.

Permission is granted.

The anticipatory bail petition for petitioner No. 1, Suryanarayan Paswan is dismissed as withdrawn. Heard learned counsel for the petitioner Nos. 2, 3, 4 and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 354A, 379, 506/34 and

Patna High Court CR. MISC. No.34813 of 2022(2) dt.21-11-2022 2/3 other allied sections of Indian Penal Code.

As per prosecution case, all the FIR named accused persons including these petitioners abused and assaulted the informant and when his brother came to save him, they assaulted him too and misbehaved with other family members and thereafter, snatched away some cash.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. It is submitted that specific allegation of assault is against co-accused Manoj Paswan. So far, these petitioners are concerned allegation of assault is general and omnibus. Petitioners are agnets and a simple altercation took place due to land dispute. There is case and counter-case. Injuries caused to the injured persons are simple in nature. Petitioners have got clean antecedent.

Considering the aforesaid facts and circumstances, let the above named petitioner Nos. 2, 3 and 4, in the event of their arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, 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 Judicial Magistrate, 1st Class, Birpur at Supaul in

Patna High Court CR. MISC. No.34813 of 2022(2) dt.21-11-2022 3/3 Karjain P. S. Case No. 44 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) navya/- U T