Fule Paswan @ Phule Paswan @ Fule Fulepaswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72573 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- SAKRI District- Madhubani ====================================================== 1.
Fule Paswan @ Phule Paswan @ Fule Fulepaswan Son Of Uttim Paswan 2.
Radhe Shyam Paswan Son Of Fule Paswan @ Phule Paswan 3.
Gauri Shankar Paswan @ Gauri Shankar Son of Fule Paswa @ Phule Paswan All are resident of Village- Sanaur Dhaunkhi @ Sunor Dhanushi, P.S.- Sakri, Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratanakar Jha, Advocate For the Opposite Party/s :
Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-11-2023
1. Heard learned counsel for the petitioners and the learned APP for the State.
2. The petitioners apprehend their arrest in connection with G.R. No. 834 of 2023 arising out of Sakri P.S. Case No. 96 of 2023 dated 17.05.2023 registered for the offence(s) punishable under Section(s) 143, 323, 324, 325, 307, 427 and 379 of the Indian Penal Code.
3. The main submissions advanced by the learned counsel for the petitioners are that in the present matter, several persons including the petitioners have been named in the FIR and three persons are stated to have sustained injury in the
Patna High Court CR. MISC. No.72573 of 2023(2) dt.09-11-2023 2/3 alleged concurrence whose injury reports have been filed as Annexure-3 series and the same go to show that the said injured persons have sustained simple injuries, in fact, an incident of free fight took place in between both the parties and three persons from from petitioners' side namely, Rambhujan Paswan Bilash Paswan and Kamal Kumar also sustained injuries who were also medically treated and their injury reports were issued by the hospital concerned and the FIR lodged on behalf of petitioners' side has been filed with this petition. Further submission is that the petitioners have got no criminal antecedent and there is case and counter case between both the parties.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly taking into account the petitioners' defence as to free fight having taken place in between both the parties as submitted above and also coupled with the fair and clean antecedent of the petitioners as mentioned in the petition, this court is inclined to accept their anticipatory bail prayer. Accordingly, let the petitioners named-above, in the event of their arrest/surrender before the learned court below within a period of six weeks
Patna High Court CR. MISC. No.72573 of 2023(2) dt.09-11-2023 3/3 from today, be released on anticipatory bail in connection with G.R. No. 834 of 2023 arising out of Sakri P.S. Case No. 96 of 2023 on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shailendra Singh, J) Rajiv/- U T