Allowed

Kunal Paswan v. The State of Bihar

Patna HC9 Jan 2023CR. MISC./51013/2022

Case brief

AI extract

What is this about?

Single judge ordered anticipatory bail for six petitioners in a cluster case under various IPC sections involving ransacking, assault, and attempted murder. Bail granted upon surrender within six weeks subject to bond and sureties under Section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted upon surrender within six weeks on furnishing bail-bond of Rs. 20,000 each with two sureties of like amount under Section 438(2) CrPC.

Kunal Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51013 of 2022

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Arising Out of PS. Case No.-167 Year-2022 Thana- ASHTHAWAN District- Nalanda

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

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Kunal Paswan S/O Laalan Paswan R/O- Vill.- Konand, P.S.- Ashthawan, Distt.- Nalanda.

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Nawal Paswan S/o Nago Paswan R/o- vill.- Konand, P.S.- Ashthawan, Distt.- Nalanda.

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Ranjan paswan S/o Sudhir Prasad R/o- vill.- Konand, P.S.- Ashthawan, Distt.- Nalanda.

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vijay Paswan S/o Sita Ram Paswan R/o- vill.- Konand, P.S.- Ashthawan, Distt.- Nalanda.

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Raghubir Paswan S/o Ganga paswan R/o- vill.- Konand, P.S.- Ashthawan, Distt.- Nalanda.

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Birendra Kumar S/o Nandlal Paswan R/o- vill.- Konand, P.S.- Ashthawan, Distt.- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Amresh Kumar Sinha For the Opposite Party/s : Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER

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2 09-01-2023 Learned counsel for the petitioners is permitted to

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remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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Heard learned counsel for the petitioners and learned

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Additional Public Prosecutor for the State.

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The learned counsel for the petitioner has informed

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this court that the petitioner No. 3 has already been arrested by the police during the pendency of this application. Accordingly,

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Patna High Court CR. MISC. No.51013 of 2022(2) dt.09-01-2023 2/3

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his bail application has become infructuous.

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The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 147, 149, 341, 342, 323, 307, 385, 386, 379 and 120B of the Indian Penal Code.

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As per prosecution case, the petitioners along with 1520 accused persons stop the car of the informant and demanded chanda of Rs. 500/- as rangdari and on being objected, all the accused persons attacked the informant and his family with intent to kill and also snatched Rs. 1,000/- from the pocket of the informant.

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Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated at para 3 of the bail petition. No case under Sections 307, 379 and 386 is made out against the petitioners. There is general and omnibus allegation against the petitioners.

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Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

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Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs.

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Patna High Court CR. MISC. No.51013 of 2022(2) dt.09-01-2023 3/3

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20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda in connection with Ashthawan P.S. Case No. 167 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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This application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Kunal Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kunal Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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