Vinoj Paswan @ Vinod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74435 of 2024 Arising Out of PS. Case No.-244 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Vinoj Paswan @ Vinod Paswan S/o Late Ramashish Paswan Residents of Village- Godiha, PS- Noorsarai, Distt. - Nalanda 2.

Gautam Paswan @ Gautam Kumar s/o Bhushan Paswan Residents of Village- Godiha, PS- Noorsarai, Distt. - Nalanda 3.

Manoj Paswan S/o Late Bankey Paswan Residents of Village- Godiha, PSNoorsarai, Distt. - Nalanda 4.

Sonu Paswan @ Sonu Kumar S/o Manoj Paswan Residents of VillageGodiha, PS- Noorsarai, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.A. Shamsi, Advocate Mr. Md.Abu Shajar, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2025 At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with regard to petitioner No. 4 as he has already been arrested during pendency of the case.

2. Permission is granted.

3. The anticipatory bail application with regard to petitioner No. 4, namely, Sonu Paswan @ Sonu Kumar is, accordingly, dismissed as withdrawn.

4. Heard learned counsel for the petitioners and the State.

Patna High Court CR. MISC. No.74435 of 2024(2) dt.18-01-2025 2/3

5. Petitioner Nos. 1 to 3 apprehend arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 324, 325, 307, 379, 504 of the Indian Penal Code and Section 27 of the Arms Act.

6. As per F.I.R., these petitioners along with other accused persons assaulted informant by means of lathi, iron rod and sword on account of which informant sustained injury.

7. Learned counsel for the petitioners submits that allegation of assault is general and omnibus and there is no allegation of specific overt act against these petitioners. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by this Hon'ble Court vide order dated 17.09.2024 passed in Cr. Misc. No. 61882 of 2024.

8. Learned A.P.P. for the State vehemently opposed the bail application.

9. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner Nos. 1 to 3 in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.74435 of 2024(2) dt.18-01-2025 3/3 amount each to the satisfaction of Judicial Magistrate, 1st Class, Nalanda at Biharsharif in connection with Noorsarai P. S. Case No. 244 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T