Chhotu Paswan @ Rakesh Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37322 of 2025 Arising Out of PS. Case No.-580 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Chhotu Paswan @ Rakesh Ranjan Kumar son of Nageshwar Prasad villageKhidarpur, Ps- Jehanabad, Dist- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Parasmani, Advocate :
Mr. Manoj Kumar, Advocate For the State :
Mrs. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-06-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Jehanabad P.S. Case No. 580 of 2024 for the offence under Sections 191(2), 126(2), 115(2), 352, 132, 121(1), 121(2), 324(2), 109(1) and 74 of the B.N.S., lodged on 23.07.2024 by the informant, Harnarayan Prasad.
3. As per the prosecution story, the informant alleged upon information of scuffle between two parties, the informant along with other constables went to the place where after raising alarm that thieves have come, the accused assaulted the Police personnel causing injuries to the informant as also other Police parties. The specific allegation is against Rajesh Paswan of hitting the nose of the informant, the other injured constables
2/4 include Kajal Kumari, Neeru Kumari and Rizwana Praveen, the further allegation of damaging the government vehicle. They were shifted to Jehanabad Sadar Hospital where after the F.I.R.
4. Learned counsel for the petitioner submits that he had no role to play in the matter, in any case, allegation is against Rajesh Paswan, only because of his presence due to his house being situated there, he has been implicated. Last submission is that without accepting the allegation or outcome of the petition the petitioner intends to pay Rs.5,000/- to the informant and Rs.3,000/- each to the lady constables namely Kajal Kumari, Neeru Kumari and Rizwana Praveen by Demand Draft issued by the local branch of the State Bank of India wherever they are posted and who at the particular point of time were serving with the Jehanabad Police Station.
5. Learned APP opposes the prayer for bail submitting that the petitioner has assaulted the Police personnel.
6. Though it is unfortunate that those who have been assigned the job of protecting the public are also being targeted by the accused and in this particular case, they have also been injured, the allegation mainly is against Rajesh Paswan, the F.I.R. is there, he will be facing the music, considering the aforesaid facts, this Court is inclined to extend him the privilege
3/4 of anticipatory bail subject to payment of Rs.5,000/- to the informant and Rs.3,000/- each to the lady constables namely Kajal Kumari, Neeru Kumari and Rizwana Praveen by Demand Draft issued by the local branch of the State Bank of India and the receipt has to be submitted before the Trial Court and after checking credentials to be handed over to the informant and the constables named above.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Jehanabad P.S. Case No. 580 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
4/4 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T