Partly allowed

Chandra Shekhar Paswan @ Chandrasekhar Paswan v. The State of Bihar

Patna HC8 Apr 2021CR. MISC./36278/2020

Case brief

AI extract

What is this about?

Honourable Mr. Justice Prabhakumar Jha allowed the withdrawal of the anticipatory bail petition of the second petitioner who had already been arrested. The court granted anticipatory bail to the remaining petitioners on their arrest or surrender within four weeks.

What did the court decide?

Permission granted to withdraw anticipatory bail petition of petitioner no.2 who was arrested. Anticipatory bail granted to remaining petitioners on arrest/surrender within four weeks on bonds of Rs.1

Chandra Shekhar Paswan @ Chandrasekhar Paswan Vs The State… — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36278 of 2020

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Arising Out of PS. Case No.-306 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua)

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======================================================

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Chandra Shekhar Paswan @ Chandrasekhar Paswan, Son of Late Nithalu Paswan Resident of Village- Akhlashpur, P.S.- Bhabua, District- Kaimur at Bhabua.

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Chandan Paswan @ Chandan Kumar Paswan, Son of Late Nithalu Paswan Resident of Village- Akhlashpur, P.S.- Bhabua, District- Kaimur at Bhabua.

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Abhimanyu Paswan, Son of Singhashan Paswan @ Ramsigasan Paswan Resident of Village- Akhlashpur, P.S.- Bhabua, District- Kaimur at Bhabua.

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Dilip Paswan, Son of Singhashan Paswan @ Ramsigasan Paswan Resident of Village- Akhlashpur, P.S.- Bhabua, District- Kaimur at Bhabua.

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Manohar Paswan, Son of Komal Paswan Resident of Village- Akhlashpur, P.S.- Bhabua, District- Kaimur at Bhabua.

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Dhananjay Paswan, Son of Manohar Paswan Resident of VillageAkhlashpur, P.S.- Bhabua, District- Kaimur at Bhabua.

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Santosh Paswan, Son of Ramdhin Paswan Resident of Village- Akhlashpur, P.S.- Bhabua, District- Kaimur at Bhabua.

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Ramanuj Paswan @ Manoj Paswan, Son of Naresh Paswan Resident of Village- Akhlashpur, P.S.- Bhabua, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajani Kant Pandey- Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan- A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 08-04-2021 Learned counsel for the petitioners seeks permission

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to withdraw the anticipatory bail petition of petitioner no.2, Chandan Paswan @ Chandan Kumar Paswan as he has already been arrested.

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Prayer is allowed.

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The anticipatory bail petition of petitioner no.2,

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Patna High Court CR. MISC. No.36278 of 2020(2) dt.08-04-2021 2/4

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Chandan Paswan @ Chandan Kumar Paswan is dismissed as withdrawn.

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Heard both sides.

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Petitioners apprehend their arrest in connection with Bhabua P. S. Case No.306 of 2020 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 307, 337, 504 of the I.P.C.

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The informant alleged that while his disabled son was returning to his house from Bhabua, Chandrashekhar Paswan dashed him from behind. The son of the informant asked Chandrashekhar Paswan about the reason for dashing him, on which Chandrashekhar Paswan, his brother Chandan Paswan assaulted his son with fists and slaps. On alarm, nearby persons came there, thereafter, Abhimanyu Paswan, Dilip Paswan, Awadhesh Paswan, J. P. Paswan, Manohar Paswan, Dhananjay Paswan, Santosh Paswan and Ramanuj Paswan came with iron rod. Manohar Paswan and Chandan Paswan assaulted him with stick. The informant’s son got many injuries on his head. The informant also got injuries on different parts of his body.

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Learned counsel for the petitioners submits that petitioners are innocent and they have in fact committed no offence. The occurrence is said to have taken place on

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Patna High Court CR. MISC. No.36278 of 2020(2) dt.08-04-2021 3/4

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15.05.2020. The informant gave his fard-bayan on 19.05.2020. Prior to institution of the present case, Bhabua P. S. Case No.237 of 2020 was registered on 15.05.2020 on the basis of the fard-bayan of Asha Devi, wife of Chandrika Paswan against the informant and others. It is further submitted that Bhabua P. S. Case No.239 of 2020 was also registered on the basis of the fard-bayan of Assistant Sub-Inspector of Police as the police went to arrest the accused persons, then the inmates of the house made protest and also assaulted the police officials. Sukhi Paswan also lodged Bhabua P. S. Case No.290 of 2020 against the informant and others. Thereafter, the informant lodged this case only on 19.05.2020 after four days of the occurrence. The doctor kept the opinion reserved about the nature of injuries, but till date the nature of injury has not been given.

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Taking into consideration the facts aforesaid and nature of allegation made against the petitioners and the fact that the occurrence took place on 15.05.2020, but the informant lodged this case only on 19.05.2020, although from the side of the petitioners, two cases were lodged against the informant and his family members on the same day i.e. 15.05.2020, one case was also lodged by the police on the same day against the informant and others, the petitioners, above named, in the event

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Patna High Court CR. MISC. No.36278 of 2020(2) dt.08-04-2021 4/4

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of their arrest/ surrender within four weeks from the date of receipt of this order to the Court concerned, shall 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 Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P. S. Case No.306 of 2020, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

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(Prabhat Kumar Jha, J)

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vikash/-

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U T

Chandra Shekhar Paswan @ Chandrasekhar Paswan v. The State of Bihar

Case brief

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What did the court decide?

Chandra Shekhar Paswan @ Chandrasekhar Paswan v. The State of Bihar

Case brief

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