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Patna High CourtCR. MISC./52326/2021bail granted

Amit Paswan v. The State Of Bihar

2022-05-19Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52326 of 2021 Arising Out of PS. Case No.-68 Year-2021 Thana- PIPRAHI District- Sheohar ====================================================== 1.

AMIT PASWAN S/o SUBLAL PASWAN R/o VILLAGE-AMBA OJHA TOLA, P.S.-PIPRAHI, DISTRICT-SHEOHAR.

2.

GAURI PASWAN S/o RANGLAL PASWAN R/o VILLAGE-AMBA OJHA TOLA, P.S-PIPRAHI, DISTRICT-SHEOHAR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr. R.S.Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-05-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

At the outset, learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail application, petitioner no.1 has been arrested and, as such, the same has become infructuous. He, therefore, seeks permission to withdraw this application as against petitioner no.1. In view of the aforesaid submission, the application is dismissed as withdrawn as having become infructuous as against petitioner no.1.

Petitioner no.2 apprehends his arrest for the offences

Patna High Court CR. MISC. No.52326 of 2021(2) dt.19-05-2022 2/3 alleged under Sections 341, 307, 354, 147, 324, 325, 379, 504 and 506/34 of the Indian Penal Code, registered in connection with Piprahi P.S.Case No. 68 of 2021.

As per allegation, when the informant was going to khalihan, the accused persons, including the petitioner, badly assaulted him and they also assaulted his daughter and wife and misbehaved with them.

Learned counsel for petitioner no.2 has submitted that there is land land dispute between the parties. There is case and counter case and the injuries are simple in nature. On similar footing, co-accused persons have been granted anticipatory bail by this Court in Cr. Misc. No. 46170 of 2021. Considering the above facts and circumstances, let petitioner no.2 above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Piprahai P.S.Case No. 68 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C. Office shall ensure that all the defects are removed by the petitioners within the stipulated time provided

Patna High Court CR. MISC. No.52326 of 2021(2) dt.19-05-2022 3/3 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T