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Patna High CourtCR. MISC./56297/2023allowed

Sudarshan Paswan v. The State Of Bihar

2023-09-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56297 of 2023 Arising Out of PS. Case No.-547 Year-2022 Thana- GAURICHAK District- Patna ====================================================== 1.

Sudarshan Paswan Son Of Late Amirak Paswan Resident Of Village -MAHMADA, Police Station -GAURICHAK, District- Patna 2.

Narayan Paswan Son Of Late Amirak Paswan Resident Of Village -MAHMADA, Police Station -GAURICHAK, District- Patna 3.

Kalicharan Paswan @ Kali Paswan Son Of Late Amirak Paswan Resident Of Village -MAHMADA, Police Station -GAURICHAK, District- Patna 4.

Krishna Paswan Son Of Late Amirak Paswan Resident Of Village -MAHMADA, Police Station -GAURICHAK, District- Patna 5.

Rajendra Paswan Son Of Late Sheo Lal Paswan Resident Of Village -MAHMADA, Police Station -GAURICHAK, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Priyedarshi, Adv For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 307, 447, 448, 379, 504 of the Indian Penal Code.

3. Allegation against the petitioners is that they along with other co-accused persons abused and assaulted the informant. It is also alleged that petitioners entered into her house and took Rs. 10,000/- and mobile phone.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.56297 of 2023(2) dt.15-09-2023 2/2 the petitioners are innocent and have falsely been implicated in this case. There is no specific overt act has been attributed against the petitioners. The allegations are general and omnibus. One of the similarly situated co-accused person has been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 25.07.2023 in Cr. Misc. No. 33656 of 2023.

5. Learned APP for the State opposes the prayer for bail and submits that petitioner has one criminal antecedent.

6. Considering the facts that the nature of the injury is not mentioned in the impugned order, let the above named petitioner in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Gaurichak P.S. Case No. 547 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T