Sohray Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3696 of 2024 Arising Out of PS. Case No.-256 Year-2023 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

Sohray Paswan S/o Mishri Paswan Resident of village- Maghra, P.S. Deepnagar, Dist.- Nalanda.

2.

Nokhu Paswan @ Bijendra Paswan S/o Mishri Paswan Resident of villageMaghra, P.S. Deepnagar, Dist.- Nalanda. 3.

Bali Paswan @ Aman Kumar S/o Suresh Paswan Resident of villageMaghra, P.S. Deepnagar, Dist.- Nalanda. 4.

Akshay Paswan @ Akshay Kumar S/o Surendra Paswan Resident of villageMaghra, P.S. Deepnagar, Dist.- Nalanda. 5.

Pallu Paswan @ Rajpal Kumar S/o Sukhu Paswan @ Vindeshwar Paswan Resident of village- Maghra, P.S. Deepnagar, Dist.- Nalanda. 6.

Kunal Paswan @ Kunal Kumar S/o Shoray Paswan Resident of villageMaghra, P.S. Deepnagar, Dist.- Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Chandra, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2024 At the outset, learned counsel for the petitioners submits that the anticipatory bail application of petitioner Nos. 2, 4 and 6 has already been dismissed as withdrawn vide order

24. 01 .2024 .

2. Heard learned counsel for the petitioner Nos. 1 , 3 and 5 and the State .

3 . Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148 ,

Patna High Court CR. MISC. No.3696 of 2024(4) dt.18-04-2024 2/3 149, 323 , 307, 379, 504 and 506 of the Indian Penal Code and section 27 of the Arms Act.

4. As per the prosecution case , petitioner No. 1 is alleged to have assaulted the informant on the head by means of iron rod and petitioner Nos. 3 and 5 is alleged to have snatched Rs. 25000/- cash .

5 . It is submitted on behalf of the petitioners that specific accusation of causing firm arm injury is against coaccused person Tinku Paswan . There is no corresponding injury on the head of the informant. Doctor has found only gunshot injury . Allegation against petitioner Nos. 3 and 5 is super addition to make the case grave . Petitioner no. 5 claims clean antecedent and petitioner Nos. 1 and 3 have one criminal antecedent in which they are on bail.

6. Learned counsel for the State oppose the bail petition.

7. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner Nos. 1 , 3 and 5 , as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate , Nalanda

Patna High Court CR. MISC. No.3696 of 2024(4) dt.18-04-2024 3/3 at Bihar Sharif in connection with Deep Nagar P.S. Case No. 256 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T