Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67071 of 2023 Arising Out of PS. Case No.-153 Year-2023 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== 1.

SURESH PASWAN SON OF KRISHNADEO PASWAN RESIDENT OF VILLAGE- AADHARPUR, PS- GHANSHYAMPUR, DISTTDARBHANGA 2.

ANIL PASWAN @ ANIL KUMAR PASWAN SON OF KRISHNADEO PASWAN RESIDENT OF VILLAGE- AADHARPUR, PSGHANSHYAMPUR, DISTT- DARBHANGA 3.

SUNIL PASWAN SON OF KRISHNADEO PASWAN RESIDENT OF VILLAGE- AADHARPUR, PS- GHANSHYAMPUR, DISTTDARBHANGA 4.

FANNU PASWAN @ RAVINDRA KUMAR PASWAN SON OF NARAYAN PASWAN RESIDENT OF VILLAGE- AADHARPUR, PSGHANSHYAMPUR, DISTT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Jha Raman For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no.1.

3.

Permission granted.

4.

This application with regard to petitioner no.1 is dismissed as withdrawn and now it is being heard for consideration of the petitioner nos.2 to 4.

Patna High Court CR. MISC. No.67071 of 2023(3) dt.23-01-2024 2/3 5.

Petitioners apprehend their arrest in a case registered for offence punishable u/s 323, 341, 379, 385, 504, 506, 34 of IPC. 6.

Allegedly, the petitioners armed variously came to the informant and brutally assaulted him and confined him in the house of co-accused Krishnadeo Paswan. Thereafter, they asked for ransom of Rs.5 Lakh from the brother of the informant but in the mean time, the informant was recovered. 7.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. There is general and omnibus allegation against the petitioners. The specific allegation is against Suresh Paswan to assault the informant, due to which the injury was found grievous in nature. It is further submitted that the present case is the counter-blast of SC/ST P.S. Case No.43/2023 registered by the wife of petitioner no.1 against the informant and others. Petitioner no.2 has two criminal antecedent, petitioner no.3 has one criminal antecedent and petitioner no.4 has no criminal antecedent.

8.

Learned APP for the State opposed the prayer for bail. 9.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner nos.2 to

Patna High Court CR. MISC. No.67071 of 2023(3) dt.23-01-2024 3/3 4 named above, let them, be released on bail, in the event of 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 court below where the case is pending/Successor Court in connection with Ghanshyampur P.S. Case No.153 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T