Raj Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73772 of 2022 Arising Out of PS. Case No.-96 Year-2022 Thana- KASMA District- Aurangabad ====================================================== 1.
RAJ KUMAR PASWAN SON OF DUKHI PASWAN R/O VILLAGEBATURA, P.S.- KASMA, DISTRICT- AURANGABAD 2.
MANOHAR PASWAN @ MANOHAR KUMAR SON OF DUKHI PASWAN R/O VILLAGE- BATURA, P.S.- KASMA, DISTRICTAURANGABAD 3.
DUKHI PASWAN SON OF DEO CHANDRA PASWAN R/O VILLAGEBATURA, P.S.- KASMA, DISTRICT- AURANGABAD ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramendra Kumar Singh For the Opposite Party/s :
Mr. Ram Naresh Ray Mr. Kedar Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-04-2023 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned APP for the State. Vide order dated 23.03.2023, the bail application as against petitioner no.3 was dismissed as withdrawn. As such, this application is now being heard with regard to petitioner no.1 and 2 only.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 427, 307, 379 and 34 of the Indian Penal Code.
As per the FIR, the petitioners and other co-accused persons stopped the tempo of the informant while abusing and
Patna High Court CR. MISC. No.73772 of 2022(3) dt.21-04-2023 2/3 began to ransack. The informant further alleged that the accused persons dragged him out of the tempo and assaulted him with several weapons due to which he sustained injury. 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. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt against the petitioners. He further submits that the injuries are simple in nature, evident from the injury report enclosed in case diary. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.
Learned APP for the State as well as learned APP for the State opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, let the above named petitioner nos.1 and 2 be released 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
Patna High Court CR. MISC. No.73772 of 2022(3) dt.21-04-2023 3/3 Court in connection with Kasma P.S. Case No.96 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T