Vinod Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57791 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- MUFFASIL District- Aurangabad ====================================================== 1.
Vinod Paswan son of Dashrath Paswan @ Dashrath Paswan Village- Karma, P.S. Aurangabad Muffasil, Dist- Aurangabad 2.
Uttam Paswan son of Vinod Paswan Village- Karma, P.S. Aurangabad Muffasil, Dist- Aurangabad 3.
Mukesh Paswan @ Mukesh Kumar son of Krishna Paswan Village- Karma, P.S. Aurangabad Muffasil, Dist- Aurangabad 4.
Govind Kumar son of Krishna Paswan Village- Karma, P.S. Aurangabad Muffasil, Dist- Aurangabad 5.
Abrendra Paswan @ Abrend Paswan @ Ravindra Paswan son of Vijnan Paswan @ Brijnandan Paswan Village- Karma, P.S. Aurangabad Muffasil, Dist- Aurangabad 6.
Rakesh Paswan son of Subodar Paswan @ Subedar Paswan Village- Karma, P.S. Aurangabad Muffasil, Dist- Aurangabad 7.
Vicky Kumar son of Vinod Paswan Village- Karma, P.S. Aurangabad Muffasil, Dist- Aurangabad 8.
Munna Paswan son of Vijnan Paswan @ Brijnandan Paswan VillageKarma, P.S. Aurangabad Muffasil, Dist- Aurangabad 9.
Nitish Kumar son of Surdev paswan @ Suryadev Paswan Village- Karma, P.S. Aurangabad Muffasil, Dist- Aurangabad 10.
Kaju Paswan @ Kaju Kumar son of Ashek Paswan @ Ashok Paswan Village- Karma, P.S. Aurangabad Muffasil, Dist- Aurangabad 11.
Bablu Paswan son of Vijnan Paswan @ Brijnandan Paswan Village- Karma, P.S. Aurangabad Muffasil, Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with
Patna High Court CR. MISC. No.57791 of 2024(3) dt.20-11-2024 2/3 Aurangabad Muffasil P.S. Case No. 112 of 2024 dated 30.03.2024, instituted for the offence punishable under Sections 147, 148, 341, 323, 308 and 504 of the Indian Penal Code.
3. The prosecution case, in short, is that 19 named accused persons including the petitioners assaulted the informant namely, Nitish Kumar, his brother and sister with rod, brick and stick as a result of which all of them sustained injury on various parts of the body.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioners rather the allegation is general and omnibus in nature. It is further stated that the injuries received by the injured persons are found to be simple in nature except the injury of Sushila @ Sugiya Devi whose injury is grievous in nature. It is further submitted that alleged occurrence took place on 25.03.2024 but the FIR was lodged on 30.03.2024 i.e. after delay of five days without any plausible explanation. Lastly, it has been submitted that the petitioners have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.57791 of 2024(3) dt.20-11-2024 3/3
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Aurangabad Muffasil P.S. Case No. 112 of 2024, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) sankalp/- U T