Bachchu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68449 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- KAJRA District- Lakhisarai ====================================================== 1.

BACHCHU PASWAN son of Suga Paswan Village- Shivdih Ps- Kajra DistLakhisarai 2.

Praveen Paswan son of Bachchu Paswan Village- Shivdih Ps- Kajra DistLakhisarai 3.

Rahul Paswan son of Bachchu Paswan Village- Shivdih Ps- Kajra DistLakhisarai 4.

Chhotu Paswan son of Bachchu Paswan Village- Shivdih Ps- Kajra DistLakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-11-2023 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Kajra PS case no. 62 of 2023, disclosing offences punishable under Section 308 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 08.05.2023, while informant was returning after attending nature's call, he was surrounded by all the accused persons and petitioner no. 1 caught hold of the

Patna High Court CR. MISC. No.68449 of 2023(2) dt.07-11-2023 2/3 informant from behind and petitioner no. 2 assaulted him with iron rod, due to which, informant sustained injury. 4.

Learned Counsel for the petitioners submits that petitioners have falsely been implicated in this case due to land dispute between the parties. It is further submitted that all the family members have been made accused in this case and petitioner no. 1 is the father of petitioners no. 2, 3 and 4. It is next submitted that injury caused to the informant is not serious in nature. It is also submitted that there is no specific allegation against petitioners no. 3 and 4 and allegation levelled against them is general and omnibus.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the prosecution has not brought on record the injury report showing the seriousness of injury, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.68449 of 2023(2) dt.07-11-2023 3/3 satisfaction of learned S.D.J.M., Lakhisarai in connection with Kajra PS case no. 62 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T