Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65639 of 2021 Arising Out of PS. Case No.-332 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1.

Chandan Paswan, S/O Ram Nath Paswan, R/o village- Saidpur, Ward No. 07, P.S.- Runnisaidpur, District- Sitamarhi 2.

Mukesh Paswan, S/o Ram Nath Paswan, R/o village- Saidpur, Ward No. 07, P.S.- Runnisaidpur, District- Sitamarhi 3.

Subodh Paswan, S/o Ram Nath Paswan, R/o village- Saidpur, Ward No. 07, P.S.- Runnisaidpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-01-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323 and 307 read with Section 34 of the Indian Penal Code. As per the prosecution case, the petitioners along with other accused persons assaulted the informant and his family members with iron rod and bamboo stick and due to which they sustained injuries.

Learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.65639 of 2021(6) dt.24-01-2023 2/2 the petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He has further submitted that the co-accused Nitesh Sahani has been granted bail by a Coordinate Bench vide order dated 15.09.2022 passed in Cr. Misc. No. 32707 of 2022. The petitioners have got clean antecedent as stated in para 3 of the bail petition. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bonds of Rs. 20,000/-(Twenty Thousand)each with two sureties of the like amount each to the satisfaction of Court concerned, Sitamarhi in connection with Runnisaidpur P.S. Case No. 332 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T