Manju Paswan @ Manju Pasman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4525 of 2021 Arising Out of PS. Case No.-192 Year-2020 Thana- PARWALPUR District- Nalanda ====================================================== 1.

MANJU PASWAN @ MANJU PASMAN Son of Late Sanjeevan Paswan Resident of Village - Koiyari Bigaha, Police Station - Parwalpur, District - Nalanda.

2.

BASUDEDV PASWAN Son of Late Kapil Paswan Resident of Village - Koiyari Bigaha, Police Station - Parwalpur, District - Nalanda. 3.

CHITRANJAN PASWAN @ NIRANJAN PASWAN Son of Ram Pravesh Paswan Resident of Village - Koiyari Bigaha, Police Station - Parwalpur, District - Nalanda.

4.

ASHWANI PASWAN @ ASHWINI KUMAR Son of Pramod Paswan Resident of Village - Koiyari Bigaha, Police Station - Parwalpur, District - Nalanda.

5.

GAYANI DEVI @ GIRANI DEVI Wife of Pramod Paswan Resident of Village - Koiyari Bigaha, Police Station - Parwalpur, District - Nalanda. 6.

KARI DEVI Wife of krishna Paswan Resident of Village - Koiyari Bigaha, Police Station - Parwalpur, District - Nalanda. 7.

RUPA DEVI Wife of Shashi Bhushan Paswan Resident of Village - Koiyari Bigaha, Police Station - Parwalpur, District - Nalanda. 8.

SUBODH PASWAN @ SIBODH PASWAN Son of Late Yadu Paswan Resident of Village - Koiyari Bigaha, Police Station - Parwalpur, District - Nalanda.

9.

MUNNA PASWAN Son of Late Sanjeevan Paswan Resident of Village - Koiyari Bigaha, Police Station - Parwalpur, District - Nalanda. 10.

BINDU PASWAN Son of Late Sanjeevan Paswan Resident of Village - Koiyari Bigaha, Police Station - Parwalpur, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyamal Prakash, Adv.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-11-2021 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

2/4 At the outset, the learned counsel for the petitioners submits that the petitioner no. 3 has been arrested, hence, the present petition qua the petitioner no. 3 has become infructuous.

Accordingly, the present petition qua the petitioner no. 3 stands dismissed as not pressed. This is an application for grant of anticipatory bail in connection with Parwalpur P.S. Case No. 192 of 2019 registered for the offence punishable under Sections 147, 149, 341, 323, 307, 354, 379, 504 and 506 of the Indian Penal Code.

The allegation is regarding the accused persons having assaulted the informant and his family members. The specific allegation of assault is against the co-accused persons, namely, Shashi Bhushan Paswan and Shiv Nandan Paswan, who are not the petitioners in the present petition. The learned counsel for the petitioners no. 1, 2 and 4 to 10 has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. It is further submitted that none of the

3/4 petitioners have been alleged to have assaulted the informant and the injuries sustained by the informant and others are attributable to either Shashi Bhushan Paswan or Shiv Nandan Paswan and not to the petitioners herein. It is also submitted that a general and omnibus allegation has been levelled against the petitioners.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners no. 1, 2 and 4 to 10 and taking into account materials on record as also considering the fact that a general and omnibus allegation has been levelled against the petitioners no. 1, 2 and 4 to 10 and the injuries sustained by the injured persons are attributable to the co-accused persons, namely, Shashi Bhushan Paswan and Shiv Nandan Paswan and not to the petitioners no. 1, 2 and 4 to 10, I deem it fit and proper to admit the petitioners no. 1, 2 and 4 to 10 to the privilege of anticipatory bail.

4/4 Accordingly, the petitioners no. 1, 2 and 4 to 10 are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Parwalpur P.S.Case No. 192 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Ajay/- U T