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Patna High CourtCR. MISC./59174/2024bail granted

Ranjan Paswan v. The State Of Bihar

2025-04-21Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59174 of 2024 Arising Out of PS. Case No.-94 Year-2024 Thana- AMBA District- Aurangabad ====================================================== 1.

Ranjan Paswan S/o Panchu Paswan R/o vill - Kateaa P.S. - Deo, Distt. - Aurangabad 2.

Arun Paswan @ Arunjay Kumar S/o Ranjan Paswan R/o vill - Kateaa, P.S. - Deo, Distt.- Aurangabad 3.

Munar Paswan S/o Titai Paswan R/o vill - Shivpur Kojhi, P.S. - Amba, Distt. - Aurangabad 4.

Rinku Paswan @ Rinku Kumar @ Kuldip Kumar Paswan S/o Ragho Paswan R/o vill - Shivpur Kojhi, P.S. - Amba, Distt. - Aurangabad 5.

Vishal Paswan S/o Dilip Paswan R/o vill - Shivpur Kojhi, P.S. - Amba, Distt. - Aurangabad 6.

Pradip Kumar S/o Ragho Paswan R/o vill - Shivpur Kojhi, P.S. - Amba, Distt. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlendra Prasad Singh, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Amba P.S. Case No.94 of 2024 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 307, 354 and 506 of the Indian Penal Code.

3. The First Information Report discloses that the named accused persons including the petitioners attacked the prosecution party. Rinku Paswan and Pradeep Paswan assaulted on the head of

Patna High Court CR. MISC. No.59174 of 2024(5) dt.21-04-2025 2/3 the informant Basant Paswan with garasa and sword respectively causing head injury to him. Munar Paswan hit the head of Lakhan Paswan with iron rod. Vishal Kumar was carrying an axe in his hand and Ranjan Paswan and Arun Paswan are said to have disrobed the family members of the informant and assaulted them.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case due to land dispute. Learned counsel has drawn the attention of this Court towards Annexure-P/3, from a perusal of which it would appear that there is a case and counter case with regard to the same incident and the case bearing Amba P.S. Case No.93 of 2024 has been lodged by the mother of petitioners no. 4 and 6. It would also appear that the petitioners and the prosecution side both are own gotiyas and they have also the Parchadhari of the land.

5. It would appear from perusal of the injury report that the injuries are mostly simple in nature and are also not corroborating the allegations made by the informant. So far as the injury report of Lakhan Paswan is concerned, although the final injury report has not been received but the injury is in the nature of laceration caused by hard and blunt substance.

6. It has also been brought to the notice of this Court that in the counter case filed on behalf of the petitioners' side all the accused persons, who are the present prosecution side, have

Patna High Court CR. MISC. No.59174 of 2024(5) dt.21-04-2025 3/3 been granted the privilege of anticipatory bail.

7. Learned APP for the State opposes the prayer for anticipatory bail of the petitioners.

8. Taking into consideration the abovementioned facts and circumstances of the case and further that the petitioners have no criminal antecedent, I am inclined to extend the privilege of anticipatory bail to the petitioners. 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 four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Amba P.S. Case No.94 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioners shall cooperate in the investigation/trial.

(Soni Shrivastava, J) arvind/- U T