Patna High CourtCR. MISC./89908/2024bail granted

Gauri Paswan @ Gauri Shankar @ Gaudi Paswan v. The State Of Bihar

2025-01-17Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89908 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- LAUKAHA District- Madhubani ====================================================== Gauri Paswan @ Gauri Shankar @ Gaudi Paswan S/o- Chandeshwar Paswan Village- Belha, P.S.- Laukaha (Lalmaniya O.P.), District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-01-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Laukaha (Lalmaniya O.P.) P.S. Case No. 49/2024, corresponding to G.R.No.247 of 2024, registered for the offence(s) punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

3. As per the allegation made in the FIR, on the order of the petitioner, the accused persons named in the FIR armed with lethal weapon assaulted the brother of the informant, namely, Vishnudev Yadav with an intention to kill.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.89908 of 2024(2) dt.17-01-2025 2/3 petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case. No overt act has been alleged against the petitioner. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR and also the fact that petitioner has clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jhanjharpur, District, Madhubani in connection with Laukaha (Lalmaniya O.P.) P.S. Case No. 49/2024, corresponding to G.R. No.247 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the

Patna High Court CR. MISC. No.89908 of 2024(2) dt.17-01-2025 3/3 petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U T