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Patna High CourtCR. MISC./77777/2024allowed

Pintu Paswan v. The State Of Bihar

2024-11-25Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77777 of 2024 Arising Out of PS. Case No.-261 Year-2024 Thana- KHUSRUPUR District- Patna ====================================================== 1.

Pintu Paswan Son of Monu paswan Resident of Village- Katauna, P.S.- Khusrupur, District- Patna 2.

Dharmendra Paswan Son of Suresh Paswan Resident of Village- Katauna, P.S.- Khusrupur, District- Patna 3.

Karu Paswan@Karu Kumar Son of Late Bineshwar Paswan Resident of Village- Katauna, P.S.- Khusrupur, District- Patna 4.

Shankar Paswan@Shankar Kumar Son of Pintu Paswan Resident of VillageKatauna, P.S.- Khusrupur, District- Patna 5.

Shailendra Paswan @ Gore Paswan Son of Pritam Paswan Resident of Village- Katauna, P.S.- Khusrupur, District- Patna 6.

Dashrath Paswan Son of Pritam Paswan Resident of Village- Katauna, P.S.- Khusrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-11-2024 Heard learned counsel for the petitioners and Mr. Dashrath Mehta, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Khushrupur P.S. Case No. 261 of 2024 instituted for the offence under Sections 341, 323, 354, 307, 504, 506 and 34 of the Indian Penal Code.

3. The case of the prosecution is that Shankar Kumar and Laxman Kumar were plucking mango from mango tree of the

Patna High Court CR. MISC. No.77777 of 2024(2) dt.25-11-2024 2/3 informant. It is further alleged that the father of the informant caught them red handed on this, the petitioners along with other assaulted the informant, his father, grand father and his grand mother due to which they sustained injuries.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. From perusal of the F.I.R., it is clear that the nature of allegation is general and omnibus. No specific overt act has been alleged against any of the petitioners. It has further been argued by the learned counsel for the petitioners that there is counter version of this case.

5. Learned APP for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Khushrupur P.S. Case No. 261 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist

Patna High Court CR. MISC. No.77777 of 2024(2) dt.25-11-2024 3/3 Class, Patna City subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T