Niranjan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62614 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- TANDWA District- Aurangabad ====================================================== 1.

Niranjan Kumar Paswan son of Anil Paswan Village - Bhaluwadi, Tola Rehad Ps- Tandwa Dist- Aurangabad 2.

Anil Paswan son of Sabarath Paswan @ Ramswarath Paswan Village - Bhaluwadi, Tola Rehad Ps- Tandwa Dist- Aurangabad 3.

Sunil Paswan son of Sabarath Paswan @ Ramswarath Paswan Village - Bhaluwadi, Tola Rehad Ps- Tandwa Dist- Aurangabad 4.

Subodh Paswan son of Sabarath Paswan @ Ramswarath Paswan Village - Bhaluwadi, Tola Rehad Ps- Tandwa Dist- Aurangabad 5.

Arun Paswan son of Sabarath Paswan @ Ramswarath Paswan Village - Bhaluwadi, Tola Rehad Ps- Tandwa Dist- Aurangabad 6.

Nawal Paswan son of Ganesh Paswan Village - Bhaluwadi, Tola Rehad PsTandwa Dist- Aurangabad 7.

Nishant Kumar son of Anil Paswan Village - Bhaluwadi, Tola Rehad PsTandwa Dist- Aurangabad 8.

Abhishek Kumar son of Arun Paswan Village - Bhaluwadi, Tola Rehad PsTandwa Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramadhar Shekhar, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

21-09-2024 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail petition in respect of petitioner no. 3 (Sunil Paswan).

2. Permission is accorded.

3. This anticipatory bail petition stands dismissed as withdraw in respect of petitioner no. 3 (Sunil Paswan).

Patna High Court CR. MISC. No.62614 of 2024(2) dt.21-09-2024 2/3

4. Rest seven petitioners apprehend their arrest in a case registered for the offence under Sections 147, 148, 149, 341, 323, 354, 379, 504, 506, 307 of the Indian Penal Code.

5. As per prosecution case, all the accused persons including these petitioners assaulted the prosecution party with lathi and rod. It is alleged that co-accused Sunil Paswan assaulted the wife of the informant with iron rod, as a result of which, she sustained injury on her left hand and snatched her gold chain. It is further alleged that petitioner no. 1, 7 & 8 assaulted Dipak with lathi and danda, due to which, he sustained injury on his finger.

6. It is submitted on behalf of petitioners that due to petty dispute between the parties, a simple Maarpeet took place in which both sides sustained injury. There is case and counter case. There is delay of 21⁄2 months in lodging the case without any plausible explanation of delay. Specific allegation of assault is against co-accused Sunil Paswan and so far as these petitioners are concerned, there is general and omnibus allegation. Injury sustained by Deepak is simple in nature.

7. Learned A.P.P. for the State has opposed the bail petition.

8. Considering the aforesaid facts and circumstances,

Patna High Court CR. MISC. No.62614 of 2024(2) dt.21-09-2024 3/3 in the event of their arrest/surrender within a period of eight weeks from today, let the petitioner nos. 1, 2, 4, 5, 6, 7 & 8, as named above, be enlarged on 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 Chief Judicial Magistrate, Aurangabad in connection with Tandwa P.S. Case No. 08/2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

9. This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay U T