Patna High Court - Orders
Sunil Paswan vs The State Of Bihar on 1 May, 2023
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68957 of 2022
Arising Out of PS. Case No.-93 Year-2022 Thana- BABUBARHI District- Madhubani
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1. Sunil Paswan, Son of Late Mahendra Paswan, R/o Village- Chhorhi, P.S.-
Babubarhi, District- Madhubani.
2. Sujit Paswan, Son of Sunil Paswan R/o Village- Chhorhi, P.S.- Babubarhi,
District- Madhubani
3. Lalu Paswan, Son of Late Ram Chandra Paswan, R/o Village- Chhorhi, P.S.-
Babubarhi, District- Madhubani.
4. Anokha Devi, Wife of Sunil Paswan, R/o Village- Chhorhi, P.S.- Babubarhi,
District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
Mr. Ravi Prakash, Advocate
Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-05-2023Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.
Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.
The accused/petitioners are named in the F.I.R. and apprehending their arrest in connection with Babubarhi P.S. Case No. 93 of 2022 registered for the offences punishable under Sections 341, 342, 323, 324, 506, 354(B), 379, 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.68957 of 2022(2) dt.01-05-2023 2/3 The allegation against above named petitioners is to assault informant by means of knife and spare after pulling him inside the house alongwith other co-accused persons/family members on 03.05.2022 at about 7:30 PM, while he was going to answer the call of nature.
It is submitted by learned counsel appearing on behalf of the petitioners that prior to this occurrence, the land dispute case is pending between the parties and just to create a pressure, the present false case was lodged against this petitioner. It is further submitted that allegation available against these petitioners are very much general and omnibus. It is also submitted that allegation of theft and outraging modesty are appearing ornamental in nature just to aggravate the allegations. While concluding the argument, it is submitted that all above named petitioners are found in one criminal case.
Learned APP, opposes the prayer of bail.
Considering the aforesaid facts and circumstances, as allegation against above named petitioners is appearing very much general and omnibus, as regard to assault, let all above named petitioners, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Patna High Court CR. MISC. No.68957 of 2022(2) dt.01-05-2023 3/3 Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Madhubani/concerned Court, where the case is pending in connection with Babubarhi P.S. Case No. 93 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J) veena/-
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