Vijay Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53781 of 2023 Arising Out of PS. Case No.-169 Year-2023 Thana- OBRA District- Aurangabad ====================================================== 1.
VIJAY PASWAN SON OF LATE RAMESHWAR PASWAN VILLAGE BIHARI BIGHA, PS- OBRA, DIST- AURANGABAD 2.
RAJESH KUMAR SON OF VIAJY PASWAN VILLAGE BIHARI BIGHA, PS- OBRA, DIST- AURANGABAD 3.
GAJESH KUMAR @ ADARSH KUMAR SON OF VIJAY PASWAN VILLAGE BIHARI BIGHA, PS- OBRA, DIST- AURANGABAD 4.
SHAILENDRA KUMAR SON OF VIJAY PASWAN VILLAGE BIHARI BIGHA, PS- OBRA, DIST- AURANGABAD 5.
SHAMRENDRA KUMAR SON OF VIJAY PASWAN VILLAGE BIHARI BIGHA, PS- OBRA, DIST- AURANGABAD 6.
LALMUNI DEVI WIFE OF BRAJESH PASWAN VILLAGE BIHARI BIGHA, PS- OBRA, DIST- AURANGABAD ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Mukul Kumari For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2023 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under Section 307, 325, 379 and some other ancillary Sections of the Indian Penal Code.
3. As per the prosecution case, all the nine FIR named accused persons, including these petitioners, armed with rod, sword, Shabal, knife and Khanti were constructing drainage on the land of informant and when mother of the informant
Patna High Court CR. MISC. No.53781 of 2023(3) dt.28-08-2023 2/2 opposed they assaulted the informant and her family members as a result of which four persons sustained injuries.
4. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. It is further submitted that on account of pending land dispute casual Mar-pit took place in which both sides sustained injuries. There is case and counter case. The injuries caused by the petitioners have been found to be simple in nature. Petitioners have got clean antecedent.
5. Learned counsel appearing for the State opposes the prayer for anticipatory bail.
6. Considering the facts of the case and nature of accusation against the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub divisional Judicial Magistrate, Aurangabad in connection with Obra PS case No. 169/ 2023, subject to conditions laid down u/s 438(2) of the Cr. P. C.
BKS/- (Prabhat Kumar Singh, J) U T