Braj Kishore Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42528 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- SIMRI District- Darbhanga ====================================================== 1.
Braj Kishore Paswan, (Male), aged about 50 years, son of Late Ravi Paswan 2.
Chandra Kishore Paswan, (Male), aged about 37 years, son of Late Ravi Paswan 3.
Jitendra Paswan, (Male), aged about 32 years, son of Braj Kishor Paswan. 4.
Sachindra Paswan, (Male) aged about 35 Years, son of Braj Kishor Paswan All Resident of Village-Harpur, Police Station-Simri, District-Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Narayan Mahto, Advocate For the Opposite Party/s :
Dr. Ajeet Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-07-2024 Heard Mr. Mr. Ram Narayan Mahto, learned counsel appearing on behalf of the petitioners and Dr. Ajeet Kumar, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Simari P.S. Case No. 32 of 2024, registered for the offence punishable under Sections 147, 149, 323, 324, 307, 379 and 354 of the Indian Penal Code.
3. As per the allegation made in the FIR, all the accused persons named therein including the petitioners, had outraged the modesty of the informant and had also snatched her gold chain worth Rs. 1 lakh. Allegation is of forcibly
Patna High Court CR. MISC. No.42528 of 2024(2) dt.10-07-2024 2/3 dispossessing the informant from her raiyati land.
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. Prior to the present FIR, petitioners had lodged a case under SC/ST Act against the informant and her family members and due to enmity, the petitioners have been made accused on false accusation in the present FIR. Petitioners have clean antecedent. On these grounds, petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that injury sustained by the informant is grievous in nature though, on the hand and also on the other part of the body including head, which is a vital part of the body and other victims have also sustained injury and doctor has opined the same to be grievous in nature and some of the injuries to be simple in nature. I am not inclined to release the petitioners on pre-arrest bail.
7. Petitioners may surrender before the learned District Court and seek regular bail and the learned District Court is directed to pass a reasoned order and dispose of the
Patna High Court CR. MISC. No.42528 of 2024(2) dt.10-07-2024 3/3 regular bail application of the petitioner on the basis of material available, same day.
8. Accordingly, the present bail application is disposed of.
(Purnendu Singh, J) Niraj/- U T