Sumit Paswan @ Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60716 of 2023 Arising Out of PS. Case No.-100 Year-2023 Thana- HASANPUR District- Samastipur ====================================================== 1.

Sumit Paswan @ Sumit Kumar Son Of Kailash Paswan Resident Of VillageP.S-Hasanpur, District- Samastipur 2.

Raushan Kumar @ Raushan Paswan @ Roshan Kumar Son Of Sajan Paswan Resident Of Village- P.S-Hasanpur, District- Samastipur 3.

Nand Kishor Paswan Son Of Late Jagdev Paswan Resident Of Village- P.SHasanpur, District- Samastipur 4.

Nitish Paswan @ Nitish Kumar Paswan @ Nitish Kumar Son Of Raj Narayan Paswan Resident Of Village- P.S-Hasanpur, District- Samastipur 5.

Sanjay Paswan @ Sajan Paswan Son Of Suadagar Paswan Resident Of Village- P.S-Hasanpur, District- Samastipur 6.

Chandan Paswan Son Of Sulen Paswan @ Sulendra Paswan Resident Of Village- P.S-Hasanpur, District- Samastipur 7.

Kundan Kumar @ Kundan Paswan Son Of Sulen Paswan Resident Of Village- P.S-Hasanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate Mr. Shishir Kumar Shishir, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP For the Informant :

Mr. Rajkishor Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in connection with Hasanpur P.S. Case No. 100 of 2023 instituted under Sections 341, 342, 323, 504, 506, 379, 308 and 34 of the Indian Penal Code.

3. As per the prosecution case, on 31.05.2023 at 09:00

Patna High Court CR. MISC. No.60716 of 2023(5) dt.19-02-2024 2/3 night there was altercation took place between the parties. It is further alleged that on the next morning when the informant along with his friend went to his field, the petitioners assaulted him with lathi and took away Rs. 1700/- and a gold chain from him.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case and the injury on the injured has been found simple in nature. He further submits that there is case and counter case between the parties and the petitioners have no criminal antecedent.

5. Learned A.P.P. for the State assisted by learned counsel for the informant oppose 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 of the like amount to each to the satisfaction of the learned A.C.J.M. IV, Rosera, Samastipur or Concerned Court Below in connection with Hasanpur P.S. Case No. 100 of 2023, subject to

Patna High Court CR. MISC. No.60716 of 2023(5) dt.19-02-2024 3/3 the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T