Chandan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70921 of 2021 Arising Out of PS. Case No.-142 Year-2021 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1.
CHANDAN PASWAN, Son of Ramdeo Paswan Resident of MohallaMadheshkhunt Puwari Tola, P.S.- Maheshkhunt, District- Khagaria. 2.
Abhinandan Paswan Son of Ramdeo Paswan Resident of MohallaMadheshkhunt Puwari Tola, P.S.- Maheshkhunt, District- Khagaria. 3.
Ramdeo Paswan Son of Late Chhedi Paswan Resident of MohallaMadheshkhunt Puwari Tola, P.S.- Maheshkhunt, District- Khagaria. 4.
Sadanand Paswan Son of Late Chhedi Paswan Resident of MohallaMadheshkhunt Puwari Tola, P.S.- Maheshkhunt, District- Khagaria. 5.
Kundan Paswan Son of Late Upendra Paswan Resident of MohallaMadheshkhunt Puwari Tola, P.S.- Maheshkhunt, District- Khagaria. 6.
Kaushal Kumar Son of Sadanand Paswan Resident of MohallaMadheshkhunt Puwari Tola, P.S.- Maheshkhunt, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-06-2022 Heard the learned counsel for the petitioners and the learned APP for the State.
Learned counsel for the petitioners is permitted to remove the defect/(s), as pointed out by the office, if any, within a period of four weeks from today.
This is an application for grant of anticipatory bail in connection with Maheshkhunt P.S. Case No. 142 of 2021, G.R. No. 2903 of 2021 registered for the offences punishable under
Patna High Court CR. MISC. No.70921 of 2021(2) dt.07-06-2022 2/3 Sections 147, 148, 149,341,323,325,337,308,307,354, 504 of the Indian Penal Code and Section 27 of the Arms Act. As per FIR, there is allegation of abuse and assault by the petitioners and co-accused person to the informant and his family members due to land dispute in which informant and his family members received several injuries and have got treatment at Gogari Referral Hospital. It is also alleged that in order to create fear they made several firing.
Learned counsel for the petitioner submits that the petitioners are falsely implicated in the present case due to land dispute between the parties. He further submits that there is general and omnibus allegation against all the ten named accused persons. Both the parties are next door neighbour and due to blocking road the informant constructed chhajja of his house and on protest the present case has been lodged. He further submits that there is case and counter case between the parties. Petitioner no. 1,2 and 6 are students who are preparing of competitive examination and they were not present at the time of occurrence. He further submits that there is no gun shot injury found on the persons injured rather caused by hard and blunt substance. Petitioners have no criminal antecedent. Learned APP for the State has opposed the prayer for
Patna High Court CR. MISC. No.70921 of 2021(2) dt.07-06-2022 3/3 bail.
Considering the aforesaid facts and circumstances and that petitioners have no criminal antecedent and petitioner no. 1, 2 and 6 are students, let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria in connection with Maheshkhunt P.S. Case No. 142 of 2021, G.R. No. 2903 of 2021, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.
(Sunil Dutta Mishra, J) khushbu/- U T