Jay Krishna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82055 of 2023 Arising Out of PS. Case No.-282 Year-2020 Thana- KISHANPUR District- Supaul ====================================================== 1.

JAY KRISHNA PASWAN SON OF RAMSHARAN PASWAN R/O VILLAGE- JHARKAHI, P.S. KISHANPUR, DISTRICT- SUPAUL. 2.

MADAN PASWAN SON OF JAY KRISHNA PASWAN R/O VILLAGEJHARKAHI, P.S. KISHANPUR, DISTRICT- SUPAUL. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 308, 379, 427, 504, 506/34 of the IPC.

3.

As per the prosecution case, the petitioners and other accused persons forcibly entered into the house of the informant and on the order of one Ramsharan Paswan, the accused persons assaulted the informant and his family with iron rod. 4.

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 due to ulterior

Patna High Court CR. MISC. No.82055 of 2023(2) dt.04-01-2024 2/2 motive. No such occurrence, in the manner as alleged has ever taken place. There is general and omnibus allegation against the petitioners. In fact, there is case and counter-case between the parties. After investigation, police has filed charge sheet against the petitioners u/s 308 and other sections of the IPC. There is no allegation against the petitioners to tamper with the witnesses. A free fight has taken place between the parties and both sides have sustained injury. Petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioners, 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 Court in connection with Kishanpur P.S. Case No.282 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T