Raju Kumar Paswan @ Raju Kr. Paswan @ Raju Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50759 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- BANKA District- Banka ====================================================== 1.
Raju Kumar Paswan @ Raju Kr. Paswan @ Raju Paswan SON OF SHIV PRASAD PASWAN VILLAGE- JAGATIPUR, PS- BANKA, DISTBANKA 2.
SHIV PRASAD PASWAN SON OF SALTO PASWAN VILLAGEJAGATIPUR, PS- BANKA, DIST- BANKA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar For the Opposite Party/s :
Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-08-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Banka Police Station Case No. 54 of 2024, disclosing offences under Sections 147, 149, 341, 323, 308, 353, 332, 504, 506 of the Indian Penal Code.
3. As per the First Information Report, on 10.02.2024, while the informant being A.S.I. of Banka Police Station, arrived at the place of occurrence where one Shiv Prasad Paswan was carrying out construction work on the land and when the informant along with his team inquired about the reason behind the dispute, then the petitioner along with other accused persons and some unknown persons assaulted the informant and the police party and also prevented them in
Patna High Court CR. MISC. No.50759 of 2024(2) dt.21-08-2024 2/2 discharge of their official duty.
4. Learned Counsel for the petitioners submits that the allegation against the petitioners are general and omnibus in nature. He further submits that informant and police party were engaged in misbehaving with the female members of the village and upon protest, the informant and police party resorted to indiscriminate assault upon the villagers due to which, the whole village got angry and started pelting stones on the police party due to which the informant and police received minor injury. He further submits that there is a land dispute between the petitioners and Chandra Shekhar Paswan.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that there is specific allegation of assault against the petitioners, the petitioners assaulted the informant and the police party and obstructed them from discharging their duty, I am not inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, rejected. (Anil Kumar Sinha, J) HarshPandey/- U T