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Patna High CourtCR. MISC./66715/2022bail granted

Krishna Kumar Paswan @ Munna Paswan v. The State Of Bihar

2023-05-09Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66715 of 2022 Arising Out of PS. Case No.-152 Year-2022 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== 1.

KRISHNA KUMAR PASWAN @ MUNNA PASWAN Son of Umesh Paswan Resident of Village- Malhipatti, P.S.- Ashok Paper Mill, DistrictDarbhanga 2.

UMESH PASWAN Son of Bhado Paswan Resident of Village- Malhipatti, P.S.- Ashok Paper Mill, District- Darbhanga 3.

RAMESH PASWAN Son of Bhado Paswan Resident of Village- Malhipatti, P.S.- Ashok Paper Mill, District- Darbhanga 4.

SONI DEVI Wife of Ramesh Paswan Resident of Village- Malhipatti, P.S.- Ashok Paper Mill, District- Darbhanga 5.

AMRITI DEVI Wife of Umesh Paswan Resident of Village- Malhipatti, P.S.- Ashok Paper Mill, District- Darbhanga 6.

BHADO PASWAN Son of Late Kulkul Paswan Resident of VillageMalhipatti, P.S.- Ashok Paper Mill, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sameer Ranjan For the Opposite Party/s :

Mr.Prem Kumar Jha Mr. Iqbal Asif Niazi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2023 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 325, 379 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, on 03.08.2022 at 10 AM all the FIR named accused persons, including these petitioners, armed with Khati, Lathi and rod, arrived at the house of

Patna High Court CR. MISC. No.66715 of 2022(3) dt.09-05-2023 2/3 informant and started pegging on vacant land of the informant and on protest by the informant, on instigation made by Bhado Paswan, petitioner No.6, petitioners No. 2 & 1 assaulted the informant and his wife with Khanti causing bleeding injury. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. It is further submitted that there is land dispute between the parties and on account of that simple Mar-pit took place. There is case and counter case in which both sides sustained injuries. The injuries sustained by the injured are simple in nature. Petitioners have got clean antecedent.

Learned counsel appearing for the State and the informant opposes the prayer for anticipatory bail and submitted that petitioners are named in the FIR and there is direct and specific allegation against them that they along with other accused persons assaulted the informant and his wife. Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.66715 of 2022(3) dt.09-05-2023 3/3 in connection with Ashok Paper Mill PS case No. 152/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T