Pappu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56295 of 2021 Arising Out of PS. Case No.-252 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

PAPPU PASWAN SON OF RAJO PASWAN R/O VILLAGEMURGIYACHAK, P.S.- WARISALIGANJ, DISTRICT- NAWADA 2.

MANOJ PASWAN SON OF RAJO PASWAN R/O VILLAGEMURGIYACHAK, P.S.- WARISALIGANJ, DISTRICT- NAWADA 3.

SANOJ PASWAN SON OF RAJO PASWAN R/O VILLAGEMURGIYACHAK, P.S.- WARISALIGANJ, DISTRICT- NAWADA 4.

RAJO PASWAN SON OF LATE NANDU PASWAN R/O VILLAGEMURGIYACHAK, P.S.- WARISALIGANJ, DISTRICT- NAWADA 5.

ANUJ PASWAN @ SAROJ PASWAN SON OF RAJO PASWAN R/O VILLAGE- MURGIYACHAK, P.S.- WARISALIGANJ, DISTRICTNAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Satyendra Narayan Singh For the Informant Mr. Birendra Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2022 At the outset it is submitted by learned counsel for the petitioner that during pendency of this application, petitioner no. 4 has been arrested and, as such, he seeks permission to withdraw this application against him In view of the aforesaid submission, this application is dismissed as withdrawn against petitioner no. 4. So far as rest of the petitioners are concerned, the instant application for anticipatory bail has been filed by them apprehending their arrest in connection with Warsaliganj P.S.

Patna High Court CR. MISC. No.56295 of 2021(2) dt.20-04-2022 2/3 Case no. 252 of 2021 instituted for the offence punishable under Sections 341, 323, 325, 308, 504, 506/34 of the Indian Penal Code.

Prosecution story relates to abuse and assault to the informant by the petitioners and other co-accused persons by means of rod, sword and lathi on his head and when his nephew came there to rescue him, he was also beaten up by the accused persons.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. General and omnibus allegations have been leveled against them. Injuries received by the informant is simple in nature. There is case and counter case. Both parties have received injuries in the alleged occurrence. The occurrence took place over a trivial dispute. They have got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

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 petitioner nos. 1, 2, 3 and 5 on bail. The petitioner nos. 1, 2, 3 and 5 are directed to surrender in

Patna High Court CR. MISC. No.56295 of 2021(2) dt.20-04-2022 3/3 the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Warsaliganj P.S. Case no. 252 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM IInd, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma U