Arjun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11256 of 2021 Arising Out of PS. Case No.-192 Year-2020 Thana- KARAHGAR District- Rohtas ====================================================== 1.

ARJUN PASWAN S/o Late Vikrama Paswan Resident of Village- Barki Kharari, P.S.- Kargahar, Distt- Rohtas.

2.

Rahul Paswan Son of Prahlad Paswan Resident of Village- Barki Kharari, P.S.- Kargahar, Distt- Rohtas.

3.

Jai Shankar Paswan Son of Prahlad Paswan Resident of Village- Barki Kharari, P.S.- Kargahar, Distt- Rohtas.

4.

Buddu Paswan Son of Arjun Paswan Resident of Village- Barki Kharari, P.S.- Kargahar, Distt- Rohtas.

5.

Chandan Paswan Son of Arjun Paswan Resident of Village- Barki Kharari, P.S.- Kargahar, Distt- Rohtas.

6.

Prahlad Paswan S/o Late Vikrama Paswan Resident of Village- Barki Kharari, P.S.- Kargahar, Distt- Rohtas.

7.

Manji Paswan Son of Prahlad Paswan Resident of Village- Barki Kharari, P.S.- Kargahar, Distt- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.C. Jawahar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2021 Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

As per mentioning slip at Flag 'X', counsel for the petitioners seeks permission to withdraw the present

Patna High Court CR. MISC. No.11256 of 2021(2) dt.02-03-2021 2/3 anticipatory bail application on behalf of the petitioners No.2 to 7, as the petitioners No.2 to 7 have been taken into judicial custody and, as such, the application on their behalf has become infructuous.

Permission is accorded.

The application on behalf of the petitioners No.2 to 7 is dismissed as withdrawn.

The petitioner No.1 is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 307 and 506 of the Indian Penal Code.

Allegation is that the accused persons armed with lathi, danda and iron rod came and assaulted the family members of the informant and co-accused Dhanjee Paswan assaulted Pintu, as a result of which he sustained head injury. It has been submitted on behalf of the petitioner No.1 that the petitioner No.1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner No.1. The petitioner No.1 has falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioner No.1. Specific allegation is against the co-accused Dhanjee Paswan. It is a case and counter case between the parties. The

Patna High Court CR. MISC. No.11256 of 2021(2) dt.02-03-2021 3/3 injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner No.1 is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner No.1, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sasaram, Rohtas in connection with Kargahar P.S. case No.192 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T