Bahadur Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57700 of 2022 Arising Out of PS. Case No.-258 Year-2022 Thana- BARUN District- Aurangabad ====================================================== 1.

BAHADUR PASWAN Son of Kunwar Paswan R/V- Tengara, PS- Barun, Dist- Aurangabad 2.

Lal Bahadur Paswan Son of Kunwar Paswan R/V- Tengara, PS- Barun, DistAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Kumari, Adv.

For the Opposite Party/s :

Mr.Amit Kumar Rakesh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 308, 379 of the Indian Penal Code.

Allegedly, petitioners along with other co-accused persons abused and assaulted the informant. Petitioners are said to have assaulted the informant with Sabal repeatedly. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case with ulterior motive and previous enmity. The allegation levelled against the petitioners is wrong and baseless. He further submits that the cousin of the petitioners namely

Patna High Court CR. MISC. No.57700 of 2022(3) dt.30-01-2023 2/2 Amarjeet Paswan lodged a case in connection with Barun P.S. Case no. 108/2021 against the informant and his family members due to which they have been dragged in this case. Though the allegation against the petitioners that they have assaulted the informant by iron rod, but the injury was found simple in nature. Similarly situated coaccused, namely, Arvind Paswan has been enlarged on bail by a coordinate bench of this court vide order dated 20.12.2022 passed in Cr. Misc. No. 53810 of 2022. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the similarly co-accused have been granted anticipatory 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 Barun P.S. Case No. 258 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