Satyadeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48989 of 2024 Arising Out of PS. Case No.-531 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

Satyadeo Paswan Son of Nandu Paswan R/O Vill.- Tarar, P.S.- Daudnagar, Dist.- Aurangabad, Bihar 2.

Nitish Kumar Son of Ramsubhag Paswan R/O Vill.- Tarar, P.S.- Daudnagar, Dist.- Aurangabad, Bihar 3.

Lallu Paswan @ Ravindra Paswan Son of Late Kail Paswan R/O Vill.- Tarar, P.S.- Daudnagar, Dist.- Aurangabad, Bihar 4.

Satyanarayan Paswan Son of Late Kail Paswan R/O Vill.- Tarar, P.S.- Daudnagar, Dist.- Aurangabad, Bihar 5.

Upendra Paswan Son of Rampravesh Paswan R/O Vill.- Tarar, P.S.- Daudnagar, Dist.- Aurangabad, Bihar 6.

Shambhu Paswan Son of Late Kail Paswan R/O Vill.- Tarar, P.S.- Daudnagar, Dist.- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 147, 149, 307 of the Indian Penal Code.

3. As per F.I.R., all the accused persons including these petitioners brutally assaulted son of informant as a result of which he succumbed to the injuries during course of

Patna High Court CR. MISC. No.48989 of 2024(2) dt.27-08-2024 2/3 treatment.

4. Learned counsel for the petitioners submits that these petitioners have falsely been implicated in this case due to prior enmity. He next submits that the father of petitioner No. 1 has earlier lodged Daudnagar P. S. Case No. 208 of 2021 against informant and his family members for assaulting petitioners and their family members and in retaliation, this false and concocted case has been lodged against the petitioners. After thorough investigation, police submitted final form against these petitioners as mistake of fact. During course of investigation, it has come that the deceased was habitual drinker and he fell down from the stairs as a result of which he sustained injury and died.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the fact that final form was submitted against these petitioners, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional

Patna High Court CR. MISC. No.48989 of 2024(2) dt.27-08-2024 3/3 Judicial Magistrate, Daudnagar, Aurangabad, Bihar in connection with Daudnagar P. S. Case No. 531 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T