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Patna High CourtCR. MISC./84793/2024partly allowed disposal

Pintu Kumar Paswan @ Pintu Paswan v. The State Of Bihar

2025-05-12Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84793 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- MORKAHI District- Khagaria ====================================================== 1.

Pintu Kumar Paswan @ Pintu Paswan son of Krishna Dev Paswan R/O village- Mathurapur P.S. -Morkahi (Amausi ), District - Khagaria 2.

Rajo Paswan son of Late Saryug Paswan R/O village- Shyam Gharari, P.S. -Morkahi (Amausi ), District - Khagaria 3.

Suraj Kumar @ Surajkumar son of Rajo Paswan R/O village- Shyam Gharari, P.S. -Morkahi (Amausi ), District - Khagaria 4.

Badal Kumar son of Sanjay Paswan R/O village- Shyam Gharari, P.S. -Morkahi (Amausi ), District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Morkahi P.S. Case No. 64 of 2024, registered on 29.05.2024, for the offences punishable under Sections 341, 342, 323, 325, 307, 506 and 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against five named accused persons, including the present petitioners, alleging that they surrounded the informant with iron rods and other weapons. It is alleged that as soon as the

Patna High Court CR. MISC. No.84793 of 2024(3) dt.12-05-2025 2/3 informant's tractor crossed the area, all the accused surrounded him, and petitioner No. 2, namely Rajo Paswan, gave the order to attack. Thereafter, the other accused persons allegedly assaulted the informant, causing injuries. It is further alleged that petitioner No. 3 snatched Rs. 20,000/- from the informant's pocket.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. It is further submitted that the specific allegation is only against petitioner No. 3, namely Suraj Kumar @ Surajkumar, while the allegations against the remaining accused persons are general and omnibus in nature. Counsel also submits that the injury sustained is simple in nature and that the petitioner has clean criminal antecedents.

5. Learned APP for the State opposes the prayer for bail and submits that in the present case, petitioner No. 2 is alleged to have given the order to attack, and petitioner No. 3 acted upon it by assaulting the informant on the head with an iron rod.

6. In the present facts and circumstances, let the petitioner No. 1, namely, Pintu Kumar Paswan @ Pintu Paswan and the petitioner No. 4, namely, Badal Kumar, be released on

Patna High Court CR. MISC. No.84793 of 2024(3) dt.12-05-2025 3/3 anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria, in connection with Morkahi P.S. Case No. 64 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. So far as the bail applications of petitioner No. 2, namely Rajo Paswan, and petitioner No. 3, namely Suraj Kumar @ Surajkumar, are concerned, the same are hereby rejected. (Dr. Anshuman, J.) Aman Kumar/- U T