Sahil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77826 of 2024 Arising Out of PS. Case No.-131 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Sahil Paswan Son of Kanhaiya Paswan Resident of village- Daudpur, P.SNoorsarai, Distt.- Nalanda 2.

Moolchandra Paswan @ Mooldhan Paswan Son of Late Subelal Paswan Resident of village- Daudpur, P.S- Noorsarai, Distt.- Nalanda 3.

Rajan Paswan Son of Gongu Paswan @ Balram Paswan Resident of villageDaudpur, P.S- Noorsarai, Distt.- Nalanda 4.

Pappu Paswan Son of Late Sidheshwar Paswan Resident of villageDaudpur, P.S- Noorsarai, Distt.- Nalanda 5.

Nepali Paswan Son of Mahesh Paswan Resident of village- Daudpur, P.SNoorsarai, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Noorsarai P.S. Case No. 131 of 2024 instituted for the offence under Sections 147, 148, 149, 341, 342, 323, 325, 307 and 379 of the Indian Penal Code.

3. The case of the prosecution is that the informant came to know that his son Saurab Kumar was being assaulted by some persons then he went there and found that Moolchandra

Patna High Court CR. MISC. No.77826 of 2024(2) dt.25-11-2024 2/3 Paswan was assaulting his son with iron rod and Nepali Paswan was assaulting Anup Kumar with lathi. It is further alleged that Sahil Paswan, Pappu Paswan and Rajan Paswan were armed with lathi and were assaulting the son and grand son of the informant.

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 due to village politics. It has been argued by learned counsel for the petitioners that there is also a counter version of this case. From perusal of the injury report, it appears that both victims of this case have received superficial injuries. It has also been argued by learned counsel for the petitioners that in the alleged occurrence, accused/petitioners have also received injuries. Regarding criminal antecedents of the petitioners, it has been submitted by learned counsel for the petitioners that after this case, one case has been filed against the petitioners.

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

Patna High Court CR. MISC. No.77826 of 2024(2) dt.25-11-2024 3/3 connection with Noorsarai P.S. Case No. 131 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 C.J.M., Nalanda at Biharsharif subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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