Ganesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82098 of 2023 Arising Out of PS. Case No.-167 Year-2020 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== 1.

GANESH PASWAN S/O LATE RAMJEE PASWAN VILLAGE- RAIYAM, PS. BHAIRAVASTHAN, DIST. MADHUBANI 2.

BHATRU PASWAN S/O LATE RAMJEE PASWAN VILLAGE- RAIYAM, PS. BHAIRAVASTHAN, DIST. MADHUBANI 3.

DHOLA PASWAN S/O RAMJEE PASWAN VILLAGE- RAIYAM, PS. BHAIRAVASTHAN, DIST. MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Rajesh Kumar, Advocate For the State :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 436, 354A and 379 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including these petitioners, assaulted the informant and his family members, as a result of which several persons sustained injuries.

Patna High Court CR. MISC. No.82098 of 2023(3) dt.19-03-2024 2/3

4. It is submitted by learned counsel appearing on behalf of the petitioners that specific accusation of assault is against co-accused Bhairav Paswan. It is next submitted that so far as these petitioners are concerned, there is general and omnibus allegation and no specific accusation of overt act has been alleged against these petitioners. It is further submitted that the injuries sustained by the injured has been found to be simple in nature. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the injured and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Jhanjharpur, District- Madhubani, in connection with Bhairvasthan P.S. Case No.167 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.82098 of 2023(3) dt.19-03-2024 3/3 Procedure.

(Prabhat Kumar Singh, J) shashank/- U T