Vinod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68838 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- OBRA District- Aurangabad ====================================================== 1.

Vinod Paswan, Son of Bhijhag Paswan, R/O Vill.- Koraipur, Aurangabad, P.S.- Obra, Dist.- Aurangabad.

2.

Uday Paswan, Son of Bhijha Paswan, R/O Vill.- Koraipur, Aurangabad, P.S.- Obra, Dist.- Aurangabad.

3.

Manjita Devi, Wife of Vinod Paswan, R/O Vill.- Koraipur, Aurangabad, P.S.- Obra, Dist.- Aurangabad.

4.

Vijay Paswan, Son of Bhijhag Paswan, R/O Vill.- Koraipur, Aurangabad, P.S.- Obra, Dist.- Aurangabad.

5.

Ojha Paswan, Son of Gaya Paswan, R/O Vill.- Koraipur, Aurangabad, P.S.- Obra, Dist.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nikita Mittal, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Obra P.S. Case no. 119 f 2024 instituted for the offence under Sections 341, 342, 323, 308, 379, 506/34 of the Indian Penal Code.

3. The case of the prosecution is that on 25.03.2024 at about 8.00 A.M. the informant along with her in-laws had gone

Patna High Court CR. MISC. No.68838 of 2024(2) dt.18-10-2024 2/3 to harvest the masoori crop. The informant found that Binod Paswan and Manjita Devi, resident of Obra along with her daughter were carrying away the crop. They have taken away altogether a part of the crop. When the informant objected, Manjita Devi raised the alarm. Her villager arrived there. They were 25 to 30 in number. The informant could identify the petitioners who started assaulting. It is further alleged that one Manoj Yadav received head injury.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. There is counter version of the case which was filed by Manjita Devi on same day and from perusal of the order of the trial Court, it transpires that the nature of the injury is simple. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a

Patna High Court CR. MISC. No.68838 of 2024(2) dt.18-10-2024 3/3 period of four weeks from today and in the event of their arrest or surrender in connection with Obra P.S. Case no. 119 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of S.D.J.M., Aurangabad, subject to the conditions as laid down under section 438(2) of the Cr.P.C. with a condition:-

1. That the trial Court is directed to verify the antecedent of the petitioners and if it is found that the petitioners are having criminal antecedent, the privilege of bail shall stand cancelled.

(Ashok Kumar Pandey, J) lata/- U T