Chhatthu Paswan @ Chhatthu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8615 of 2021 Arising Out of PS. Case No.-45 Year-2020 Thana- BADHAILA District- Rohtas ====================================================== 1.

Chhatthu Paswan @ Chhatthu Ram S/O Late Nagina Paswan R/O VillageBaghaila, P.S-Baghaila, District-Rohtas. 2.

Ashok Paswan @ Ashok Ram S/O Chhatthu Paswan R/O Village-Baghaila, P.S-Baghaila, District-Rohtas.

... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-03-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 379, 354, 307, 324, 325, 504, 56, 34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons assaulted the informant and family members due to which they sustained.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.8615 of 2021(3) dt.11-03-2022 2/2 tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out..

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-II, Rohtas at Sasaram in connection with Baghaila P.S. Case No. 45/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T