Amarjeet Paswan@ Amarjeet Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53244 of 2021 Arising Out of PS. Case No.-204 Year-2021 Thana- GHOSI District- Jehanabad ====================================================== 1.

Amarjeet Paswan @ Amarjeet Kumar Son of Kamlesh Paswan Resident of Village - Okari, P.S.- Ghoshi, Distt.- Jehanabad. 2.

Sandeep Paswan @ Sandeep Kumar Son of Kamlesh Paswan Resident of Village - Okari, P.S.- Ghoshi, Distt.- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhanshu Shekhar For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Ghoshi (Okari) P.S. Case No.204 of 2021, registered for the offences punishable under Sections 448, 341, 323, 324, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code. The petitioners along with other co-accused persons are said to have assaulted Ram Pravesh Paswan, uncle of the informant. When the family members of the informant came to save Ram Pravesh Paswan, petitioner no.1 by means of iron rod and petitioner no.2 by means of Ghuma along with other coaccused persons assaulted the family members of the informant also.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.53244 of 2021(2) dt.17-05-2022 2/2 present case. There is general and omnibus allegation against the petitioners. It is submitted that specific overt act is alleged against Fekan Paswan. It is further submitted that the injuries do not support the prosecution case. It is submitted that petitioner no.1 has got no criminal antecedent and petitioner no.2 has got one criminal antecedent as stated in paragraph-3 of the bail application.

Learned APP for the State opposes the prayer for anticipatory bail of the petitioners and submits that the injuries are grievous in nature.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

However, if petitioners surrender before the learned court below within a period of four weeks from today and seek regular bail, the learned court below shall consider the prayer for regular bail of the petitioners preferably on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J.) Sanjay/- U T