Nitish Paswan @ Nitish Kumar @ Nitesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55090 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- EKANGARSARAI District- Nalanda ====================================================== 1.

NITISH PASWAN @ NITISH KUMAR @ NITESH PASWAN, S/O VISHNUDEV PASWAN R/O Village- Chamhera, P.S- Ekangar Sarai, District- Nalanda 2.

MUKESH PASWAN @ MUKESH KUMAR, S/O VISHNUDEV PASWAN, R/O Village- Chamhera, P.S- Ekangar Sarai, District- Nalanda 3.

RAJNISH PASWAN @ RAJNISH KUMAR, S/O INDRADEV PASWAN, R/O Village- Chamhera, P.S- Ekangar Sarai, District- Nalanda 4.

AJAY PASWAN, S/O BINSARI PASWAN @ BINESHARI PASWAN, R/O Village- Chamhera, P.S- Ekangar Sarai, District- Nalanda 5.

MANISH PASWAN @ MANISH KUMAR, S/O PAWAN PASWAN R/O Village- Chamhera, P.S- Ekangar Sarai, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Ekangar Sarai P.S. Case No. 66 of 2024, registered for the offences punishable under Sections 341, 323, 307, 448,504 and 506/34 of the Indian Penal Code.

3. As per the prosecution case, when the informant and her husband and mother-in-law were at home, then all the accused persons including the petitioners came there and

Patna High Court CR. MISC. No.55090 of 2024(3) dt.26-10-2024 2/3 assaulted the husband of the informant with iron rod and when she tried to save her husband then accused persons assaulted and threaten her of dire consequences, if she makes complain to police.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case, due to previous enmity. There is case and counter case between the parties. He further submits that the allegations are general and omnibus against all the 13 accused persons. The nature of injury found on the person injured, is simple in nature. Petitioner no. 4 has one criminal antecedent, however, petitioner nos. 1, 2, 3 and 5 have no criminal antecedent and they undertake to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.55090 of 2024(3) dt.26-10-2024 3/3 the concerned Court where the case is pending in connection with Ekangar Sarai P.S. Case No. 66 of 2024, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T