Amit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69377 of 2024 Arising Out of PS. Case No.-93 Year-2024 Thana- AMBA District- Aurangabad ====================================================== 1.

Amit Paswan Son of Lakhan Paswan R/O Vill.- Sivpur Kojhi, P.S.- Ambba, Dist.- Aurangabad, Bihar.

2.

Raj Kumari Devi Wife of Ranjeet Paswan R/O Vill.- Sivpur Kojhi, P.S.- Ambba, Dist.- Aurangabad, Bihar.

3.

Lakhan Paswan Son of Late Vijal Paswan R/O Vill.- Sivpur Kojhi, P.S.- Ambba, Dist.- Aurangabad, Bihar.

4.

Mana Devi @ Mona Devi Wife of Basant Paswan R/O Vill.- Sivpur Kojhi, P.S.- Ambba, Dist.- Aurangabad, Bihar.

5.

Basant Paswan Son of Late Chulhan Paswan R/O Vill.- Sivpur Kojhi, P.S.- Ambba, Dist.- Aurangabad, Bihar.

6.

Ranjeet Paswan Son of Lakhan Paswan R/O Vill.- Sivpur Kojhi, P.S.- Ambba, Dist.- Aurangabad, Bihar.

7.

Sachin Kumar Son of Ranjeet Paswan R/O Vill.- Sivpur Kojhi, P.S.- Ambba, Dist.- Aurangabad, Bihar.

8.

Punam Kumari @ Punam Devi Wife of Amit Paswan R/O Vill.- Sivpur Kojhi, P.S.- Ambba, Dist.- Aurangabad, Bihar. 9.

Lalita Devi @ Lalti Devi Wife of Lakhan Paswan R/O Vill.- Sivpur Kojhi, P.S.- Ambba, Dist.- Aurangabad, Bihar.

10.

Sanjit Paswan Son of Lakhan Paswan R/O Vill.- Sivpur Kojhi, P.S.- Ambba, Dist.- Aurangabad, Bihar.

11.

Nagina Devi Wife of Sanjit Paswan R/O Vill.- Sivpur Kojhi, P.S.- Ambba, Dist.- Aurangabad, Bihar.

... ... Petitioners.

Versus

The State of Bihar Patna. ... ... Opposite Party. ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 307, 354, 385, 379, 504 & 506 of the Indian Penal

Patna High Court CR. MISC. No.69377 of 2024(2) dt.17-10-2024 2/3 Code.

3. All these petitioners in furtherance of their common intention armed with deadly weapons are said to have assaulted the son of the informant causing head injury to him. When the informant rushed in his rescue he was also assaulted by them.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. As a matter of fact, both the parties are own family members and due to property dispute the aforesaid occurrence took place. It is further submitted that petitioners' side also assaulted the informant's side and for which Ambba P.S. Case No.94 of 2024 has been lodged against them. The injury sustained by the victim is simple in nature. Petitioner no.1, 4, 7 and 11 have one criminal antecedent, whereas petitioner no.3 has two criminal antecedents and rest of the petitioners have no criminal antecedent, as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of

Patna High Court CR. MISC. No.69377 of 2024(2) dt.17-10-2024 3/3 their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Ambba P.S. Case No.93 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T