Dharmendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50699 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- KARAMCHAT District- Kaimur (Bhabua) ====================================================== 1.
Dharmendra Paswan Son Of Late Sita Ram Paswan Village Shiopur, P.S.- Karamchat, Dist- Kaimur At Bhabua 2.
Raju Paswan Son Of Late Sita Ram Paswan Village Shiopur, P.S.- Karamchat, Dist- Kaimur At Bhabua 3.
Deepak Paswan Son Of Late Sita Ram Paswan Village Shiopur, P.S.- Karamchat, Dist- Kaimur At Bhabua ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners in the present case are seeking prearrest bail in connection with Karamchat P.S. Case No. 33 of 2023 registered for the offences punishable under Sections 341, 323, 307, 354, 379, 34 of the Indian Penal Code. They have got no criminal antecedent.
3. As per the prosecution story, on 25.04.2023 at about 11:00 A.M. when the informant went to feed the cattle, the FIR named accused persons namely Geeta Devi and Phool Kumari Devi assaulted her with fist and slap whereafter she was saved by the villagers. In the evening, the other co-accused
Patna High Court CR. MISC. No.50699 of 2023(2) dt.23-08-2023 2/3 persons including these petitioners came to her house and brutally assaulted her and her son with lathi and danda and torn the cloth of her daughter. They also took away some of her valuable belongings.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case by alleging general and omnibus kind of allegations. It is submitted that there is no specific allegation against these petitioners. The injuries are also said to be simple in nature.
5. Learned APP for the State has not controverted the prayer for anticipatory bail of the petitioner.
6. Having regard to the facts and circumstances of the case wherein it is noticed that there is no specific allegation against these petitioners and the allegations are general and omnibus, the injuries are said to be simple and the submission of the petitioner has not been controverted by learned APP for the State, this Court directs that in case of their arrest or surrender within a period of four weeks from today, the petitioners above named shall be released on bail in connection with Karamchat P.S. Case No. 33 of 2023 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III,
Patna High Court CR. MISC. No.50699 of 2023(2) dt.23-08-2023 3/3 Bhabhua (Kaimur), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name ofverification.
8. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U T