Shalik Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42866 of 2024 Arising Out of PS. Case No.-274 Year-2023 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== 1.
Shalik Paswan Son of Gaya Paswan 2.
Chintu Paswan @ Pintu Paswan Son of Laxman Paswan Both R/O Vill.- Dadara @ Dadra P.S.- Bhagwanpur, Dist.- Bhabua at Kaimur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar Seth, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-07-2024
1. Heard learned counsel for the parties.
2. The petitioners in this application pray for bail apprehending their arrest in connection with Bhagwanpur P.S. Case no.274 of 2023 registered for the offence punishable under sections 307, 354B, 379, 323, 341, 147, 325, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, the informant states that while he was seated Bhagwat Paswan came and started to abuse him. On his protesting, it is stated that he along with other accused persons including the two petitioners herein came and as a result of assault by them the informant and the members of his family sustained injuries as described in the FIR.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. There is
Patna High Court CR. MISC. No.42866 of 2024(2) dt.20-07-2024 2/2 case and counter case between the parties and the manner of occurrence is other than what has been narrated in the FIR. In any case of the matter, the injury report does not support the prosecution case and the injuries have been found to be simple in nature. The petitioners have no criminal antecedent.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the FIR, the injuries having been found to be simple in nature and the petitioners not having any criminal antecedent, it is directed that both the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bhagwanpur P.S. Case no.274 of 2023 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Kaimur at Bhabua, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Partha Sarthy, J) Saurabh/- U T