Nakul Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74124 of 2024 Arising Out of PS. Case No.-506 Year-2020 Thana- TEKARI District- Gaya ====================================================== 1.

Nakul Paswan son of Bhola Paswan Resident of Village Sindhapur, P.S.- Tekari, District- Gaya 2.

Shambhu Kumar @ Niranjan Kumar son of Bal Govind Das Resident of Village - Tetarpur, P.S.- Tekari, District- Gaya 3.

Ghanshyam Kumar son of Jawahar Das Resident of Village - Raniganj, P.S.- Tekari, District- Gaya 4.

Sidheshwar Paswan Son of Karu Paswan Resident of Village - Chainpura, Panchanpur, P.S.- Tekari, District- Gaya 5.

Ram Pravesh Paswan @ Ram Pravesh Kumar Son of Tileshwar Paswan Resident of Village - Chainpura, Panchanpur, P.S.- Tekari, District- Gaya 6.

Nandu Paswan Son of Phulchan Paswan Resident of Village - Singhapur P.S.- Tekari, District- Gaya 7.

Ramanand Paswan Son of Late Raj Kumar Paswan Resident of Village - Singhapur P.S.- Tekari, District- Gaya 8.

Butte Paswan @ Ravi Kumar @ Butta Paswan Son of Sri Ram Chandra Paswan Resident of Village - Singhapur P.S.- Tekari, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brijmohan Das, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2025 Heard learned counsel for the petitioners and Mr. Dilip Kr. No. 1, learned Additional Public Prosecutor for the State. 2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 323, 307, 506, 379, 427, 504 of IPC and 27 of Arms Act.

3.

Allegedly, the petitioners along with other accused

Patna High Court CR. MISC. No.74124 of 2024(3) dt.10-01-2025 2/3 persons entered into a Thakurwari, situated in village alongwith arms and started abusing and assaulting one Ram Niwas Kumar and the informant as a result of which they sustained injuries. It is further alleged that accused persons entered into Garbh Grih and looted idols and ornaments worth Rs.5,00,000/- and they also destroyed boring and pumping set of Thakurbari. 4.

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. It is further submitted that date of occurrence mentioned by the informant is 09.08.2018 but FIR was lodged on 10.10.2020 i.e after delay of more than two years without any proper explanation for the delay which creates serious doubt on the prosecution case. Similarly situated co-accused persons have been granted anticipatory bail by this Court vide order dated 27.09.2022 passed in Cr. Misc. No. 35002 of 2022. Petitioners have one criminal antecedent as mentioned in para 3 of the bail application.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, and the fact that similarly situated co-accused have been granted bail by this Court, let the above named petitioners, be released

Patna High Court CR. MISC. No.74124 of 2024(3) dt.10-01-2025 3/3 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 Tekari P.S. Case No.506 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) priyanka/- U T