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Patna High CourtCR. MISC./3352/2022allowed

Chandradeo Paswan v. The State Of Bihar

2022-08-01Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3352 of 2022 Arising Out of PS. Case No.-82 Year-2021 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.

Chandradeo Paswan Son of Mahabir Paswan Resident of VillageNaudhariya, P.S.- Buniyadganj, District- Gaya. 2.

Durga Paswan Son of Chandradeo Paswan Resident of Village- Naudhariya, P.S.- Buniyadganj, District- Gaya.

3.

Gulshan Paswan Son of Durga Paswan Resident of Village- Naudhariya, P.S.- Buniyadganj, District- Gaya.

4.

Sintu Kumar Son of Late Ramkalesh Paswan Resident of VillageNaudhariya, P.S.- Buniyadganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 307, 379, 504, 506, 427, 354 of the Indian Penal Code.

As per allegation in the F.I.R, while the wife of the informant was feeding her cow, two accused persons came there and started to take away her by catching her

Patna High Court CR. MISC. No.3352 of 2022(2) dt.01-08-2022 2/3 arm. On protest made by the informant, petitioner No. 3 opened fire which did not hit any one. It is further alleged that thereafter all the accused persons including the petitioners came there armed with lathi danda and started to assault the informant and other family members, as a result of which one Pramod Paswan sustained head injuries.

It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The specific accusation of making assault is against co-accused Pappu Paswan who is not petitioner before this Court. Moreover, the injuries sustained by the injured are simple in nature. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of

Patna High Court CR. MISC. No.3352 of 2022(2) dt.01-08-2022 3/3 four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VIII, Gaya in connection with Buniyadganj P.S. Case No. 82 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T