Pramod Paswan @ Pramod Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70315 of 2023 Arising Out of PS. Case No.-218 Year-2023 Thana- KHAGAUL District- Patna ====================================================== 1.
PRAMOD PASWAN @ PRAMOD KUMAR PASWAN Son of Late Raghuni Paswan R/o vill - Nainchak, P.s. - Khagaul, Distt. - Patna 2.
Nalej Paswan @ Nawlesh Kumar Paswan @ Nowledge Kr. Paswan Son of Pramod Paswan R/o vill - Nainchak, P.S. - Khagaul, Distt. - Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar, Advocate.
For the Opposite Party/s :
Mr.Atul Chandra, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-11-2023 Heard Mr. Praveen Kumar, learned counsel appearing on behalf of the petitioners and Mr. Atul Chandra, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Khagaul P.S. Case No. 218 of 2023 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 354 of the Indian Penal Code.
3. Prosecution story, in brief, is that on the issue of flow of water from roof, the accused persons including the petitioners assaulted the informant's side, as a result of which, the son of the informant sustained bleeding injury on his head.
Patna High Court CR. MISC. No.70315 of 2023(2) dt.01-11-2023 2/3 Other family members of the informant also sustained injury.
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have falsely been implicated in the case. He further submits that petitioners side have lodged the case being Khagaul P.S. Case No. 217 of 203 earlier to the present case. He further submits that on the issue of flow of water from roof, both the parties indulged into fierce fight and in course of the said fight, the petitioners side might have caused some injury to the informant's side which was in self defence and not intentional. The allegation levelled against the petitioners is general and omnibus. Petitioners have no criminal antecedent.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the aforesaid facts and circumstances of the case, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Danapur, Patna in connection with Khagaul P.S. Case No. 218 of 2023, subject to
Patna High Court CR. MISC. No.70315 of 2023(2) dt.01-11-2023 3/3 the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T