Parikha Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61152 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- FESHAR District- Aurangabad ====================================================== 1.

PARIKHA PASWAN Son of Late Ganauri Paswan Resident of VillageSimarhua, P.S.- Fesar, District- Aurangabad(Bihar) 2.

SANTOSH PASWAN Son of Parikha Paswan Resident of VillageSimarhua, P.S.- Fesar, District- Aurangabad(Bihar) 3.

KAPIL PASWAN Son of Parikha Paswan Resident of Village- Simarhua, P.S.- Fesar, District- Aurangabad(Bihar) 4.

ASHOK PASWAN Son of Parikha Paswan Resident of Village- Simarhua, P.S.- Fesar, District- Aurangabad(Bihar) 5.

BEYASH PASWAN @ BYASH PASWAN Son of Parikha Paswan Resident of Village- Simarhua, P.S.- Fesar, District- Aurangabad(Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Leelawati Kumari For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 448, 323, 325, 379, 307 of the Indian Penal Code.

The allegation against the petitioners is that they assaulted the informant's side by means of several weapons due to which they sustained injuries.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.61152 of 2022(2) dt.23-02-2023 2/2 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. She further submits that in the alleged occurrence, both sides have sustained grievous injuries. Petitioner no.1, 3, 4 and 5 no criminal antecedent whereas petitioner no.2 has two criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, 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 court below where the case is pending/Successor Court in connection with Fesar P.S. Case No.87 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T