Mithilesh Paswan @ Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55885 of 2024 Arising Out of PS. Case No.-748 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

Mithilesh Paswan @ Mithilesh Kumar son of Bhushan Paswan VillageBishanpur Ps- Wazirganj Dist- Gaya 2.

Kamlesh Kumar @ Kamlesh Paswan son of Bhushan Paswan VillagePunawan Ps- Wazirganj Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anmol Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-08-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 354B, 307, 379, 504, 506 and 34 of the Indian Penal Code. 3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that accused persons, including the petitioners, were trying to kidnap her son, further, she heard her son's weeping, accordingly, she came out when she was assaulted. 4.

The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that no specific allegation is alleged against the petitioners of assault, further, the date of occurrence is 11-12-2023, and the FIR came to be instituted on 19-12-2023, i.e.,

Patna High Court CR. MISC. No.55885 of 2024(2) dt.14-08-2024 2/2 after a delay of eight days, which casts an aspersion on the case of the prosecution. It is next submitted that Wazirganj PS Case No. 753 of 2023 was instituted by the Aunt of the petitioners against the informant's side. It is next submitted that the instant FIR is a counterblast to Wazirganj PS Case No. 753 of 2023. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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 the learned trial court where the case is pending/successor court in connection with Wazirganj P.S. Case No. 748 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T