Jageshwar Paswan @ Jageshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51518 of 2021 Arising Out of PS. Case No.-69 Year-2021 Thana- PARAIYA District- Gaya ====================================================== 1.

Jageshwar Paswan @ Jageshwar Ram Son Of Late Andhi Paswan Resident Of Village - Maranchi Ps- Paraiya District- Gaya 2.

Ramji Paswan Son Of Jageshwar Paswan @ Jageshwar Ram Resident Of Village - Maranchi Ps - Paraiya District - Gaya ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Durgesh Nandan For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 325, 308, 504 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons assaulted the informant due to which he sustained injuries.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.51518 of 2021(2) dt.22-12-2021 2/3 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to mistake of fact. Though the petitioners are alleged to have assaulted the informant but the nature of injury in respect of informant has been kept reserve. It has been submitted on behalf of petitioners that petitioner no. 1 is 82 years old man and this itself goes to show that he has falsely been implicated in the present case. So far petitioner no. 2 is concerned, the injury caused by him upon father of the informant is said to be simple and hence no offence under Section 307 I.P.C. is made out against him.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya in connection with Paraiya P.S. Case No. 69/2021, subject to the conditions as laid down under

Patna High Court CR. MISC. No.51518 of 2021(2) dt.22-12-2021 3/3 Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T