Patna High CourtCR. MISC./36226/2022partly allowed disposal

Jogi Paswan v. The State Of Bihar

2022-09-28Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36226 of 2022 Arising Out of PS. Case No.-223 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

JOGI PASWAN S/O LATE ANGRAHIT PASWAN Resident of villageKarpurwa, P.S.- Darigaon, District- Rohtas. 2.

ROHIT PASWAN @ ROHIT KUMAR S/O PRITHWI PASWAN Resident of village- Karpurwa, P.S.- Darigaon, District- Rohtas. 3.

BAIJU PASWAN S/O LATE SUDAMA PASWAN Resident of villageKarpurwa, P.S.- Darigaon, District- Rohtas. 4.

BISHNU PASWAN S/O LATE SUDAMA PASWAN Resident of villageKarpurwa, P.S.- Darigaon, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Learned counsel for the petitioners seek permission to withdraw this application as against petitioner no.2 as he has been apprehended by the police during pendency of this application.

Patna High Court CR. MISC. No.36226 of 2022(2) dt.28-09-2022 2/3 Permission is granted.

Accordingly, the instant application as against petitioner no.2 is dismissed as withdrawn.

Now, this application is being heard with regard to petitioner nos.1, 3 and 4 only.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 147, 148, 149, 341, 323, 307, 427, 379, 504, 506 of the IPC and 27 of Arms Act. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and has committed no offence. They have been falsely implicated in this case. 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 no specific overt act against the petitioners. There is a case and counter-case between the parties. The specific allegation is against the co-accused Rohit Paswan. Both sides sustained injuries and the injuries are simple in nature. Petitioners have no criminal antecedent, which is also mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case,

Patna High Court CR. MISC. No.36226 of 2022(2) dt.28-09-2022 3/3 since both sides sustained injuries and the injuries are simple in nature, let the above named petitioner nos.1, 3 and 4 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. 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 Sasaram Town (Darigaon) P.S. Case No.223 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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