Ramnandan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73022 of 2023 Arising Out of PS. Case No.-588 Year-2022 Thana- BELAGANJ District- Gaya ====================================================== 1.
RAMNANDAN PASWAN, S/O Late Ram Awatar Paswan Village- Simra, Ps. Belaganj, Dist. Gaya 2.
AANAND PASWAN, S/O Ramnandan Paswan Village- Simra, Ps. Belaganj, Dist. Gaya 3.
KANCHAN DEVI, W/O Chandan Paswan Village- Simra, Ps. Belaganj, Dist. Gaya 4.
USHA DEVI, W/O Ramnandan Paswan Village- Simra, Ps. Belaganj, Dist. Gaya ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Arvind Kumar Singh, Advocate For the State :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-11-2023 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 504 of the Indian Penal Code.
3. As per the prosecution case, Petitioner No. 1 is alleged to have assaulted the informant with Garasa; Petitioner No. 2 is alleged to have fired but no one sustained injuries; and Petitioner Nos. 3 and 4 are alleged to have caught hold of the
Patna High Court CR. MISC. No.73022 of 2023(2) dt.09-11-2023 2/3 informant.
4. It is submitted by learned counsel for the petitioners that specific accusation of assault is against Petitioner No. 1. So far as Petitioner Nos. 2, 3 and 4 are concerned, there is no specific allegation of any overt act alleged against them. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail and submitted that the injury caused by Petitioner No. 1 on the informant is grievous in nature.
6. Considering the nature of injury and aforesaid facts and circumstances, the prayer for anticipatory bail of the Petitioner No. 1 is rejected. So far as Petitioner Nos. 2, 3 and 4 are concerned, no specific allegation of overt act is alleged against them and hence prayer for grant of anticipatory bail of Petitioner Nos. 2, 3 and 4 is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let Petitioner Nos. 2, 3 and 4, above named, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Belaganj P.S. Case No.588 of 2022, subject to condition as laid down under Section 438(2)
Patna High Court CR. MISC. No.73022 of 2023(2) dt.09-11-2023 3/3 of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T