Bishundev Paswan @ Vishun Dev Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55841 of 2023 Arising Out of PS. Case No.-403 Year-2022 Thana- MAHUA District- Vaishali ====================================================== 1.
BISHUNDEV PASWAN @ VISHUN DEV PASWAN SON OF LATE SWETA PASWAN @ SANTLAL PASWAN RESIDENT OF VILLAGE - SAMASPURA, P.S. - MAHUA, DISTRICT - VAISHALI 2.
SONU KUMAR SON OF VISHUNDEV PASWAN @ BISHUNDEV PASWAN RESIDENT OF VILLAGE - SAMASPURA, P.S. - MAHUA, DISTRICT - VAISHALI 3.
RAUSHAN KUMAR SON OF VISHUNDEV PASWAN @ BISHUNDEV PASWAN RESIDENT OF VILLAGE - SAMASPURA, P.S. - MAHUA, DISTRICT - VAISHALI 4.
NIRAJ KUMAR SON OF VISHUNDEV PASWAN @ BISHUNDEV PASWAN RESIDENT OF VILLAGE - SAMASPURA, P.S. - MAHUA, DISTRICT - VAISHALI ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hemant Kumar, Adv.
For the Opposite Party/s :
Mr.Mohammed Arif, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379, 307, 504, 506, 34 of the Indian Penal Code.
3. The allegation levelled against all the FIR named accused persons, including these petitioners, is that they assaulted the informant and her family members on dispute relating to grazing of moong crop by the goat of the informant.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Both the parties are co-villagers. No such occurrence as alleged
Patna High Court CR. MISC. No.55841 of 2023(2) dt.31-08-2023 2/2 ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter case between the parties. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 02.08.2023 passed in Cr. Misc. No. 40286 of 2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as similarly situated co-accused have been granted bail, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Mahua P.S. Case No. 403 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T