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Patna High CourtCR. MISC./42329/2023bail granted

Mangar Paswan @ Mangal Paswan v. The State Of Bihar

2023-08-08Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42329 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- KARAKAT District- Rohtas ====================================================== 1.

MANGAR PASWAN @ MANGAL PASWAN SON OF BIMAL PASWAN RESIDENT OF VILLAGE- MOTHA, PS- KARAKAT, DISTRICTROHTAS 2.

SANTOSH PASWAN @ SANTOSH RAM SON OF DINANATH PASWAN RESIDENT OF VILLAGE- MOTHA, PS- KARAKAT, DISTRICT- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rupesh Kumar Tiwari For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 504, 379, 34 of the Indian Penal Code.

3. The informant alleges that when he was sitting at his door, ten named accused persons including the petitioners came, thereafter, it is alleged petitioner No. 1 fired at his door and petitioner No. 2 assaulted him with sword while August Paswan and Lakhan Paswan assaulted him with rod causing injury on his head and Kuljant Paswan assaulted the informant with butt of knife.

4. Learned counsel submits that the petitioners are

Patna High Court CR. MISC. No.42329 of 2023(2) dt.08-08-2023 2/2 persons with clean antecedent.

5. Learned counsel for the petitioners submits that the petitioner have been falsely implicated in the present case, it is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that the petitioners have been implicated with ornamental allegation of firing but then no one was injured. It is further submitted, though, it is alleged that informant was assaulted but the injuries suffered by him are simple in nature.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Karakat P.S. Case No. 16 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Harshpandey/- U T