Patna High Court - Orders
Neeraj Paswan vs The State Of Bihar on 1 August, 2022
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70723 of 2021
Arising Out of PS. Case No.-425 Year-2021 Thana- BAHADURPUR District- Darbhanga
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1. NEERAJ PASWAN Son of Shiv Balak Paswan Resident of Village - Sriram
Pipra, P.S.- Bahadurpur (Pator O.P.), District - Darbhanga.
2. Aman Paswan Son of Shiv Balak Paswan Resident of Village - Sriram Pipra,
P.S.- Bahadurpur (Pator O.P.), District - Darbhanga.
3. Horil Paswan @ Amarnath Paswan Son of Chhitan Paswan Resident of
Village - Sriram Pipra, P.S.- Bahadurpur (Pator O.P.), District - Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Fulo Devi Wife of Ganesh Mukhia Resident of Village - Sriram Pipra, P.S.-
Bahadur (Pator O.P.), District - Darbhanga.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Kaushalesh Choudhary, Advocate
For the Opposite Party/s : Mr.Madhura Nand Jha, APP
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-08-2022Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 448, 354(B), 379, 452, 504 and 506 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioner nos. 1 and 2 have antecedent of one case which is with respect to the present occurrence for which another F.I.R. was instituted by the police and petitioner no.3 is a person with Patna High Court CR. MISC. No.70723 of 2021(2) dt.01-08-2022 2/3 clean antecedent and the informant alleges that she is residing in her house built on a land which is in the name of her father-in- law, it is next alleged that 50-60 accused persons came to her house out of which she recognized 15 accused persons, including the petitioners, who were variously armed. It is further alleged that petitioner number no.1 assaulted the informant's brother-in-law with khanti and wounded him and further tried to strangulate him with a towel and also stole cash and jewellery from the house. The petitioner nos.2 and 3 disrobed the informant and tore her blouse and the accused persons even threatened her to leave the village.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, there is no injury report on record, it is next submitted that there was a proceeding under Section 144 Cr.P.C. in which it has been clearly recorded that a basgit parcha was issued in favour of the ancestor of the petitioners in the year 1996-97 as would be evident from Annexure-4 series to the anticipatory bail application. Learned counsel next submits that allegation of disrobing and tearing blouse of informant is ornamental in nature, the occurrence is on account of land dispute and entire family members have been falsely implicated in the present Patna High Court CR. MISC. No.70723 of 2021(2) dt.01-08-2022 3/3 case.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Bahadurpur (Pator O.P.) P.S. Case No. 425 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/-
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