Vinod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49839 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- PAHARPUR District- East Champaran ====================================================== Vinod Paswan Son Of Bachan Paswan Resident Of Village - Gadhwa Tikulia Pakariya, P.S. - Paharpur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-08-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Paharpur PS case no. 27 of 2024, disclosing offences punishable under Sections 307, 354 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 22.01.2024, all the accused persons including the petitioner arrived near the house of the informant and started abusing her and her husband, on account of fastening of cow near the house of accused persons, due to which, their houses got dirty. When the informant side protested, two accused persons namely Shambhu Paswan and Bachan Paswan assaulted the husband of the informant by means of iron rod and wooden

Patna High Court CR. MISC. No.49839 of 2024(2) dt.28-08-2024 2/3 log, due to which, he sustained injury on his head. Other accused persons also assaulted the informant severally. 4.

Learned Counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and the allegation against him in the F.I.R. is general and omnibus in nature. Learned counsel further submits that there is specific allegation of assault to the informant against accused persons namely Shambhu Paswan and Bachan Paswan. He next submits that injury caused to the informant has not been brought on record by the prosecution. Learned counsel also submits that accused Shambhu Paswan and Bachan Paswan are already in custody.

5.

Learned counsel for the informant vehemently opposed the prayer for bail and submits that all the accused persons assaulted the informant and her husband and husband of the informant sustained serious injury on his head and could have died but with the grace of God, he survived. 6.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that the allegation against the petitioner is general and omnibus in nature, I am inclined to grant the privilege of anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.49839 of 2024(2) dt.28-08-2024 3/3 7.

This application is, accordingly, allowed.

8.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, 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, East Champaran at Motihari in connection with Paharpur PS case no. 27 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T