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Patna High CourtCR. MISC./37751/2023allowed

Ajeet Kumar @ Ajeet Paswan v. The State Of Bihar

2023-08-30Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37751 of 2023 Arising Out of PS. Case No.-447 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== 1.

Ajeet Kumar @ Ajeet Paswan, aged about 26 years. 2.

Nitish Kumar @ Nitish Paswan, aged about 21 years. Both Son of Madan Paswan.

3.

Sunil Paswan, aged about 25 years.

4.

Shubash Kumar @ Subhash Paswan, aged about 22 years. Both son of Rajju Paswan.

All resident of Village- Sheikh Mohammadpur, P.S. Khusrupur, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend arrest in connection with Khusrupur P.S. Case No. 447 of 2022 dated 19.11.2022 instituted for offence punishable under Sections 147, 148, 149, 448, 323, 307, 354(B), 504 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, all the FIR named accused persons including these petitioners variously armed came at the house of the informant and assaulted the informant and her family members.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.37751 of 2023(4) dt.30-08-2023 2/2 there is case and counter case between the parties. The present case is counter blast of Khusrupur P.S. Case no. 446 of 2022 which was lodged against the informant and others. There is general and omnibus allegation of assault against these petitioners and no specific overt act have been alleged against them. The petitioners have no criminal antecedent.

5. Learned APP opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners above named be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna City in connection with Khusrupur P.S. Case No. 447 of 2022, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Anand Kr.

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