Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1451 of 2022 Arising Out of PS. Case No.-82 Year-2021 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.

PREM KUMAR Son of Shivdyal Paswan Resident of Village- Naudhariy, P.S.- Buniyadganj, District- Gaya.

2.

Pintu Kumar Son of Late Ramkalesh Paswan Resident of VillageNaudhariy, P.S.- Buniyadganj, District- Gaya. 3.

Niraj Kumar Son of Lal Sahib Paswan Resident of Village- Manibigha, P.S.- Atri, District- Gaya.

4.

Lal Sahib Paswan Son of Katori Paswan Resident of Village- Naudhariy, P.S.- Buniyadganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Saxena For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Buniyadganj P.S. Case no. 82/21 instituted for the offence under Sections 147, 148, 149, 323, 341, 307, 379, 504, 506, 427, 354 of the Indian Penal Code.

As per allegation in the FIR, while the wife of the informant was feeding her cow, two accused persons came there and started to take away her by catching her arm. On protest made by the informant, co-accused Gulsan Paswan opened fire on him, which hit

Patna High Court CR. MISC. No.1451 of 2022(2) dt.26-07-2022 2/2 none. It is further alleged that petitioners came there armed with lathi danda and started to assault the informant and his family members as a result of which Pramod Paswan sustained head injury. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Specific overt act is against Pappu Paswan, who is not the petitioner here. General and omnibus allegations have been levelled against the petitioners. Injuries sustained by the injured are simple in nature.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Buniyadganj P.S. Case no. 82/21, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM VIII, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U