Ram Bahadur Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42885 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

Ram Bahadur Paswan S/O Bisheshwar Paswan Resident of village Shahpur P.S. Khodawandpur(Chaurahi O.P.), District Begusarai 2.

Raj Laxmi Kumari D/O Ram Bahadur Paswan Resident of village Shahpur P.S. Khodawandpur(Chaurahi O.P.), District Begusarai 3.

Shayam Devi @ Shyama Devi W/O Praveen Paswan Resident of village Shahpur P.S. Khodawandpur(Chaurahi O.P.), District Begusarai 4.

Shyama Devi W/O Ram Bahadur Paswan Resident of village Shahpur P.S. Khodawandpur(Chaurahi O.P.), District Begusarai 5.

Pinki Devi @ Sulekha Devi D/O Ram Bahadur Paswan Resident of village Shahpur P.S. Khodawandpur(Chaurahi O.P.), District Begusarai 6.

Jyoti Kumari D/O Praween Paswan Resident of village Shahpur P.S. Khodawandpur(Chaurahi O.P.), District Begusarai 7.

Bibha Devi W/O Late Arvind Paswan Resident of village Shahpur P.S. Khodawandpur(Chaurahi O.P.), District Begusarai 8.

Upendra Paswan S/O Late Baidhnath Paswan Resident of village Shahpur P.S. Khodawandpur(Chaurahi O.P.), District Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Khodawandpur (Chhaurahi O.P.) P.S. Case No. 6 of 2024 registered for the offences punishable under Sections 147, 149, 323, 341, 307, 379, 504 and 506 of the Indian Penal

Patna High Court CR. MISC. No.42885 of 2024(2) dt.10-07-2024 2/3 Code.

3. Allegation against the petitioners is that they have assaulted the brother of the informant by means of iron rod and pistol due to which he sustained head injury and fell unconscious. Petitioners have also snatched Rs. 5,300/- and golden chain from him.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. There is specific allegation of assault is against co-accused Bablu Kumar who has been arrested and is in custody. There is case and counter case between the parties and the injuries sustained by the injured is simple in nature. Petitioner no. 1 has two criminal antecedent whereas petitioner no. 3 has one criminal antecedent in which they are on bail and rest of the petitioners i.e. petitioner nos. 2, 4, 5, 6, 7 and 8 have no criminal antecedent. Petitioners undertake to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or

Patna High Court CR. MISC. No.42885 of 2024(2) dt.10-07-2024 3/3 surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Khodawandpur (Chaurahi O.P.) P.S. Case No. 192 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T