Ankush Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85193 of 2024 Arising Out of PS. Case No.-161 Year-2022 Thana- TEKARI District- Gaya ====================================================== 1.
Ankush Paswan Son of Arbind Paswan Resident of Village- Tepa, P.S.- Tekari, Distt.- Gaya 2.
Jai Bind Paswan @ Jai Bind Kumar Son of Saryu Paswan Resident of Village- Tepa, P.S.- Tekari, Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brijmohan Das, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with Tekari P.S. Case No.161 of 2022 instituted under Sections 147, 148, 149, 341, 323 and 307 of the I.P.C.
3. As per prosecution case, 50-60 accused persons including the petitioners having armed with iron rod, sword, hockey sticks and danda etc. came and surrounded the informant and others belong to his community and started assaulting them. The accused persons are further alleged to have started pelting stones on them.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.85193 of 2024(2) dt.06-12-2024 2/3 petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners of throwing bricks and stone and no specific allegation is made against them. The allegation is not corroborated with the medical report. The injury on informant Vinay Das and Shanti Devi are simple in nature and both the parties are co-villagers and they have compromised the dispute. It is also submitted that similarly situated co-accused persons, namely, Mukesh Paswan and Suresh Paswan have been granted anticipatory bail by this Court vide order dated 21.09.2024 passed in Cr.Misc.42117 of 2024. The petitioners have no criminal antecedent and they undertake to cooperate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Gaya in connection with Tekari P.S. Case No.161 of 2022,
Patna High Court CR. MISC. No.85193 of 2024(2) dt.06-12-2024 3/3 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Harish/- U T