Vicky Kumar Paswan @ Vicky Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55825 of 2024 Arising Out of PS. Case No.-188 Year-2023 Thana- NAUHATTA District- Saharsa ====================================================== Vicky Kumar Paswan @ Vicky Paswan Son of Nirmal Paswan @ Nirmala Paswan R/O Vill.- Sattour, Ward no.-08, P.s.- Nauhatta (Darhar O.P.), Dist.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Nauhatta (Darhar OP) P.S. Case No. 188 of 2023 registered under Sections 147, 148, 149, 341, 323, 324, 307, 379, 354, 452, 504, 506 of the Indian Penal Code.

3. As per prosecution case, on 03.09.2023 at about 8:00 am, while informant was cutting bamboo in the bamboo clump, in the meantime all the F.I.R. named accused persons including this petitioner came there and forbade him from cutting the bamboo, and when informant refused to do so, the accused persons abused and assaulted informant and his family members.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.55825 of 2024(2) dt.20-09-2024 2/2 implicated in the present case. Allegation of assault is general and omnibus. The doctor has found the nature of injury simple. Similarly situated co-accused persons have already been granted bail by this Court vide order dated 04.07.2024 passed in Cr. Misc. No. 3338 of 2024.

5. Learned A.P.P. for the State opposed the prayer for bail by contending that petitioner is named in the First Information Report with the allegation of assault.

6. Having considered the facts and circumstances of the case as well as nature of injury and similarly situated co-accused persons have already been granted bail, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Nauhatta (Darhar OP) P.S. Case No. 188 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T