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Patna High CourtCR. MISC./40715/2025allowed

Rambabu Paswan v. The State Of Bihar

2025-07-25Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40715 of 2025 Arising Out of PS. Case No.-267 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== 1.

Rambabu Paswan, Son of Ram Sharad Paswan, Resident of Village - Barharwa Mahanand, P.S.- Kalyanpur, District - East Champaran 2.

Rahul Kumar, Son of Rameshwar Paswan, Resident of Village - Barharwa Mahanand, P.S.- Kalyanpur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-07-2025 Heard Mr. Suraj Kumar Tiwari, learned counsel for the petitioners and Mr. Uday Pratap Singh, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Kalyanpur P.S. Case No. 267 of 2022 instituted for the offence under Sections 341, 323, 324, 307, 427, 379, 504, 506 and 34 of the Indian Penal Code.

3. The case of the prosecution is that these petitioners have assaulted with knife.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It has further been submitted that though the allegation

Patna High Court CR. MISC. No.40715 of 2025(2) dt.25-07-2025 2/2 against the petitioners is that they have assaulted with knife but from perusal of para 8 of the order of learned trial Court, it will transpire that all the injuries sustained by the injured are simple in nature caused by hard and blunt substance. The injury received by the injured persons does not correlate with the allegations. Petitioners are having no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kalyanpur P.S. Case No. 267 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-12, East Champaran, Motihari, subject to the conditions as laid down under section 438 (2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T