Vishwanath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59088 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.

Vishwanath Paswan Son Of Late Hari Paswan Resident Of Village Kathdehri Ps Sasaram M District Rohtas 2.

Naurang Paswan S/O Late Hari Paswan Resident Of Village Kathdehri Ps Sasaram M District Rohtas 3.

Nagina Paswan S/O Naurang Paswan Resident Of Village Kathdehri Ps Sasaram M District Rohtas 4.

Ajay Paswan Son Of Nagina Paswan Resident Of Village Kathdehri Ps Sasaram M District Rohtas 5.

Ram Babu Paswan Son Of Satyanarayan Paswan Resident Of Village Kathdehri Ps Sasaram M District Rohtas 6.

Sandeep Kumar Son Of Purnwaso Paswan @ Purnamasi Ram Resident Of Village Kathdehri Ps Sasaram M District Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar Singh For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2023 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.

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

3. The petitioners are apprehending their arrest in a case in connection with Sasaram (M) P.S. Case No. 116 of 2023 dated 08.03.2023 registered for the offences punishable u/ss

Patna High Court CR. MISC. No.59088 of 2023(2) dt.22-09-2023 2/3 307, 341, 323 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the co-accused persons, Kanhaiya Paswan, Hira Paswan, Chhotan Paswan and Dinesh Kumar were playing music. On being objected, they started abusing and assaulting the informant. When the informant's brothers and his niece came to rescue, they were assaulted by the petitioners and the co-accused persons with lathi and danda, causing injuries to them.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is case and counter case between the parties. Learned counsel has further submitted that both parties sustained injuries. There is general and omnibus allegation against the petitioners. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.59088 of 2023(2) dt.22-09-2023 3/3 each to the satisfaction of learned court concerned, Sasaram, Rohtas in connection with Sasaram (M) P.S. Case No. 116 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

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