Chhote Lal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61935 of 2022 Arising Out of PS. Case No.-425 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

CHHOTE LAL PASWAN Son of Baldeo Paswan R/v- Mirzapur, PostLodipur, P.S- Muffasil, Dist- Gaya 2.

Uday Paswan Son of Vhotelal Paswan R/v- Mirzapur, Post- Lodipur, P.SMuffasil, Dist- Gaya 3.

Manish Kumar @ Manish Paswan Son of Uday Paswan R/v- Mirzapur, Post- Lodipur, P.S- Muffasil, Dist- Gaya 4.

Kavindra Paswan Son of Buddu Paswan R/v- Mirzapur, Post- Lodipur, P.SMuffasil, Dist- Gaya 5.

Upendra Paswan Son of Kavindra Paswan R/v- Mirzapur, Post- Lodipur, P.S- Muffasil, Dist- Gaya 6.

Sandip Kumar Son of Upendra Paswan R/v- Mirzapur, Post- Lodipur, P.SMuffasil, Dist- Gaya 7.

Dhono Devi @ Dhano Devi Wife of Sarju Paswan R/v- Mirzapur, PostLodipur, P.S- Muffasil, Dist- Gaya 8.

Ranju Devi Wife of Lalan Paswan R/v- Mirzapur, Post- Lodipur, P.SMuffasil, Dist- Gaya 9.

Dipak Kumar @ Deepak Rana Son of Lalan Paswan R/v- Mirzapur, PostLodipur, P.S- Muffasil, Dist- Gaya 10.

Arvind Paswan Son of Dular Paswan R/v- Mirzapur, Post- Lodipur, P.SMuffasil, Dist- Gaya 11.

Mukesh Paswan Son of Kapil Paswan R/v- Mirzapur, Post- Lodipur, P.SMuffasil, Dist- Gaya 12.

Sunil Paswan Son of Kapil Paswan R/v- Mirzapur, Post- Lodipur, P.SMuffasil, Dist- Gaya 13.

Subhash Paswan Son of Sarju Paswan R/v- Mirzapur, Post- Lodipur, P.SMuffasil, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Dhirendra Pratap Singh For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 At the outset, learned counsel for the petitioners seeks

Patna High Court CR. MISC. No.61935 of 2022(2) dt.10-01-2023 2/3 permission to withdraw this anticipatory bail application in respect of petitioner no.1, Chhote Lal Paswan as he has already been apprehended by the police during pendency of this application.

Permission is granted.

This anticipatory bail application is dismissed as withdrawn so far as petitioner no.1, Chhote Lal Paswan is concerned.

Heard learned counsel for the petitioners, learned APP for the State as well as learned counsel appearing on behalf of the informant.

The petitioners apprehend their arrest in connection with Mufassil P.S. Case No.425 of 2022, registered for the offences punishable under Sections 147, 148, 149, 323, 341, 379, 504, 506 and 308 of the Indian Penal Code. The petitioners are said to have assaulted the informant and his family members causing injuries to them. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is general and

Patna High Court CR. MISC. No.61935 of 2022(2) dt.10-01-2023 3/3 omnibus allegation against the petitioners. The specific allegation is against petitioner no.5 who assaulted the informant by means of rod but the injuries sustained by the informant are simple in nature.

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

Considering the nature of injuries, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya in connection with Mufassil P.S. Case No.425 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T