Allowed

Vijay Paswan @ Vijay Kumar Paswan v. The State of Bihar

Patna HC10 May 2022CR. MISC./16896/2021

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to six petitioners in Criminal Misc. Nos. 16896 and 17446 of 2021. Pending removal of defects pointed out by the Stamp Reporter, the court directed release on bail if arrested or surrendering within four weeks, subject to specific conditions under Section 438(2) Cr.P.C.

What did the court decide?

Petitioners to be released on bail on furnishing bond of Rs. 10,000 each with two sureties of the like amount if arrested or surrender within four weeks.

Vijay Paswan @ Vijay Kumar Paswan Vs The State of Bihar — Bail and Remand | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16896 of 2021

¶2

Arising Out of PS. Case No.-604 Year-2020 Thana- SONEPUR District- Saran

¶3

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

¶4

VIJAY PASWAN @ VIJAY KUMAR PASWAN Son of Siya Saran Paswan Resident of Village - Shahpur Dusadh Toli, P.S.- Sonepur, Distt.- Saran.

¶5

Megha Paswan Son of Shiv Nandan Paswan Resident of Village - Shahpur Dusadh Toli, P.S.- Sonepur, Distt.- Saran.

¶6

Naresh Paswan @ Naresh Kumar Son of Shiv Balak Paswan Resident of Village - Shahpur Dusadh Toli, P.S.- Sonepur, Distt.- Saran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶11

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

¶12

with

¶13

CRIMINAL MISCELLANEOUS No. 17446 of 2021

¶14

Arising Out of PS. Case No.-604 Year-2020 Thana- SONEPUR District- Saran

¶15

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

¶16

SIYA SARAN PASWAN S/o Late Mahavir Paswan R/o Village- Shahpur Dusadh Toli, P.S.- Sonepur, District- Saran.

¶17

Ganga Paswan S/o Shri Siya Saran Paswan R/o Village- Shahpur Dusadh Toli, P.S.- Sonepur, District- Saran.

¶18

Shivji Paswan @ Shivjee Hajara S/o Siya Saran Paswan R/o VillageShahpur Dusadh Toli, P.S.- Sonepur, District- Saran.

¶19

Babal Paswan @ Badal Paswan @ Badal Kumar S/o Shri Shivji Paswan @ Shivjee Hajara R/o Village- Shahpur Dusadh Toli, P.S.- Sonepur, DistrictSaran.

¶20

Deo Narayan Paswan @ Dev Narayan Paswan S/o Shri Sita Paswan R/o Village- Shahpur Dusadh Toli, P.S.- Sonepur, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶25

====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 16896 of 2021) For the Petitioner/s : Mr.Manish Chandra Gandhi For the Opposite Party/s : Dr.Mrityunjaya Kr Gautam (In CRIMINAL MISCELLANEOUS No. 17446 of 2021) For the Petitioner/s : Mr.Manish Chandra Gandhi For the Opposite Party/s : Mr. Permeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

¶26

ORAL ORDER

¶27

5 10-05-2022 The learned counsel for the petitioners is directed

¶28

to remove all the defects pointed out by the Stamp Reporter

¶29

Patna High Court CR. MISC. No.16896 of 2021(5) dt.10-05-2022 2/3

¶30

within one month.

¶31

Heard the learned counsel for the petitioners and learned APP for the State.

¶32

Vide order dated 20.01.2022, the anticipatory bail petition in respect of petitioners Vijay Paswan @ Vijay Kumar Paswan and Shivji Paswan @ Shivjee Hajara stands dismissed as withdrawn.

¶33

The rest of the petitioners apprehend their arrest for the offences alleged under Section 147, 148, 149, 341, 323, 427, 324, 325, 307, 452, 379, 354(b), 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Sonepur P.S.Case No. 604 of 2020.

¶34

As per allegation, the named accused persons entered into the house of the informant. The allegation against coaccused Megha Paswan is that he fired shot but none sustained injury. The accused persons also hurled stones and misbehaved with the female members. The allegation against petitioner Naresh Paswan @ Naresh Kumar is that he assaulted Dhiraj Kumar with knife.

¶35

The learned counsel for the petitioners has submitted that there is case and counter case and the wife of the petitioner Vijay Paswan has also lodged a case being Sonepur P.S.Case

¶36

Patna High Court CR. MISC. No.16896 of 2021(5) dt.10-05-2022 3/3

¶37

No. 639 of 2020. He has submitted further that as per the injury reports, the injuries sustained by the injured persons are simple in nature.

¶38

Considering the above facts and circumstances, let the petitioners of both the cases, above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released 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 learned CJM, Saran at Chapra in connection with Sonepur P.S.Case No. 604 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.

¶39

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

¶40

(Nawneet Kumar Pandey, J)

¶41

HR/-

¶42

U T

Vijay Paswan @ Vijay Kumar Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vijay Paswan @ Vijay Kumar Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vidyanand Prasad Singh Vs the State of Bihar

Shivjee Kumar @ Shiv Ji Kumar Vs the State of Bihar

Sanjeev Kumar @ Sanjeet Kumar Vs the State of Bihar

Anil Yadav Vs The State of Bihar

Mayank Kumar Gaur @ Mayank Gaur Vs The State of Bihar

Barun Yadav Vs the State of Bihar