Prem Paswan @ Bhuar Paswan @ Prem Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60277 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- PAWANA District- Bhojpur ====================================================== 1.
Prem Paswan @ Bhuar Paswan @ Prem Kumar Son of Late Lalan Paswan @ Lalan Ram Resident of village - Khopira, P.S. - Pawana, Distt. - Bhojpur 2.
Deepak Paswan @ Deepak Ram Son of Late Lalan Paswan @ Lalan Ram Resident of village - Khopira, P.S. - Pawana, Distt. - Bhojpur 3.
Amarjeet Paswan @ Bihari Paswan @ Amarjeet Kumar Son of Late Lalan Paswan @ Lalan Ram Resident of village - Khopira, P.S. - Pawana, Distt. - Bhojpur 4.
Pati Paswan @ Patar Paswan @ Pati Ram Son of Ghanshyam Paswan Resident of village - Khopira, P.S. - Pawana, Distt. - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Pawana P.S. Case No. 46 of 2023 instituted under Sections 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code
Patna High Court CR. MISC. No.60277 of 2023(4) dt.19-02-2024 2/3 and Section 3/4 of the Dian Act, 1999.
3. As per the prosecution case, the petitioner, namely, Prem Paswan started giving filthy words to the informant and on protest, the petitioners assaulted the informant and her family members by slap, leg and iron rod.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that both the parties are next door gotiya and neighbours and due to land dispute, the altercation took place between the parties in which both the parties got injury. He also submits that there is case and counter case between the parties and several persons from the side of the petitioners' family also got injury. He further submits that most of the injury on informant side is simple in nature and the petitioners have no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties
Patna High Court CR. MISC. No.60277 of 2023(4) dt.19-02-2024 3/3 of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate Bhojpur at Ara or Concerned Court Below in connection with Pawana P.S. Case No. 46 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) ashishkr/- U T