Arun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41927 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

ARUN PASWAN Son of Rajendra Paswan Resident of village - Gayaspur, P.S. - Kusheshwar Asthan, Distt. - Darbhanga 2.

Rajendra Paswan Son of Late Dukhi Paswan Resident of village - Gayaspur, P.S. - Kusheshwar Asthan, Distt. - Darbhanga 3.

Gauri Shankar Paswan Son of Late Dukhi Paswan Resident of village - Gayaspur, P.S. - Kusheshwar Asthan, Distt. - Darbhanga 4.

Ram Nath Paswan @ Ram Kumar Paswan Son of Gauri Shankar Paswan Resident of village - Gayaspur, P.S. - Kusheshwar Asthan, Distt. - Darbhanga 5.

Bipin Paswan Son of Gauri Shankar Paswan Resident of village - Gayaspur, P.S. - Kusheshwar Asthan, Distt. - Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar Yadav, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2023 Heard the parties.

2.

Petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 308, 354, 379, 504, 506/34 of the IPC.

3.

Allegedly, the F.I.R. named accused persons including the petitioners are said to have assaulted the informant's side by means of deadly weapons.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such

Patna High Court CR. MISC. No.41927 of 2023(2) dt.04-08-2023 2/2 occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. For the alleged occurrence, there is case and counter-case between the parties and it is an admitted fact that there is a land dispute between them, for which a title suit is pending in the court below. The injuries were found simple in nature, which is clear from the injury reports enclosed at Annexure-3 series. Petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kusheshwar Asthan P.S. Case No.83 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T