Santosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45464 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Santosh Paswan Son Of Sipahi Paswan R/O Village- Paparnausa, P.S.- Noor Sarai, District- Nalanda 2.

Sarvila Devi Wife Of Santosh Paswan R/O Village- Paparnausa, P.S.- Noor Sarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar No.1 For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Noor Sarai P.S. Case no. 40 of 2022 instituted for the offence under Sections 341, 323, 308, 379, 504/34 of the Indian Penal Code.

Prosecution story relates to assault to the informant's son Ganesh Kumar by several accused persons including the petitioners. When his family members came there to rescue him, there were also beaten up by the petitioners and other coaccused persons.

Patna High Court CR. MISC. No.45464 of 2022(2) dt.13-12-2022 2/2 Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. There is case and counter case between the parties. Both parties have received injuries in alleged incident.

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 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 Noor Sarai P.S. Case no. 40 of 2022, 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 Chief Judicial Magistrate, Nalanda at Bihar Sharif subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U