Ramashray Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85087 of 2023 Arising Out of PS. Case No.-98 Year-2023 Thana- NIMACHANDPURA District- Begusarai ====================================================== 1.

Ramashray Paswan Son Of Late Baleshwar Paswan Resident Of VillageDamdama, P.S.- Nima Chandpura, District- Begusarai 2.

Ram Bahadur Paswan Son Of Late Ganeshi Paswan Resident Of VillageDamdama, P.S.- Nima Chandpura, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 307 of the Indian Penal Code.

3. As per the prosecution case, the petitioners along with other co-accused persons and 2-3 unknown person restrained the informant and assaulted over his head by means of iron rod.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that petitioner no. 1 is the order giver and the petitioner no. 2 is the

Patna High Court CR. MISC. No.85087 of 2023(2) dt.15-01-2024 2/2 member of the mob. He further submits that there is specific overt act against the petitioners. Petitioners have one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed prayer for anticipatory bail and submitted that the petitioners have suppressed the criminal antecedent.

6. Having regard to the facts and circumstances of the case, arguments of the parties and the fact that there is no specific overt act against the petitioners, 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 lower Court where the case is pending/successor Court in connection with Nima Chandpura P.S. Case No.98 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T