Bechan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1766 of 2022 Arising Out of PS. Case No.-735 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Bechan Paswan Son Of Late Lalo Paswan Resident Of Village- Balgudar, Mirpur Tola, P.S. And District- Lakhisarai.

2.

Dev Kumar Son Of Yogendra Paswan Resident Of Village- Balgudar, Mirpur Tola, P.S. And District- Lakhisarai.

3.

Dev Kumar @ Devnandan Son Of Bechan Paswan Resident Of VillageBalgudar, Mirpur Tola, P.S. And District- Lakhisarai. 4.

Raju Kumar Son Of Bechan Paswan Resident Of Village- Balgudar, Mirpur Tola, P.S. And District- Lakhisarai.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Mayank Bilochan For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2022 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 448, 341, 323, 307, 504/ 34 of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on account of dispute relating to exit of drainage water, the present occurrence took place and the accused persons including the petitioners came to the house of

Patna High Court CR. MISC. No.1766 of 2022(2) dt.08-08-2022 2/3 the informant and assaulted him with lathi, danda causing injury and when his family members came to save him, they were also assaulted in which the mother and sister of the informant sustained injury.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. It is next submitted that the entire occurrence took place on account of a trivial issue relating to exit of drainage water. It is further submitted that though it is alleged that mother and sister of the informant sustained injury, but there is no injury report on record and from the tenor of the allegation also it appears that the dispute arose relating to exist of drainage water. The learned counsel next submits that admittedly, the petitioners are not the criminal.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the

Patna High Court CR. MISC. No.1766 of 2022(2) dt.08-08-2022 3/3 like amount each to the satisfaction of learned Court below where the case is pending in connection with Lakhisarai P. S. Case No.735 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T