Allowed

Sarun Paswan @ Sarun Kumar v. The State of Bihar

Patna HC10 Jan 2023CR. MISC./51576/2022

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to three petitioners facing charges under various sections of the IPC, permitting them to go on bail upon arrest or surrender within six weeks, subject to furnishing a bond and adhering to the conditions laid down in Section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted upon arrest or surrender within six weeks by furnishing a bond of Rs. 20,000 with two sureties of the like amount.

Sarun Paswan @ Sarun Kumar 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.51576 of 2022

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Arising Out of PS. Case No.-551 Year-2020 Thana- HAJIPUR SADAR District- Vaishali

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

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Sarun Paswan @ Sarun Kumar Son Of Shivnath Paswan Resident Of Village - Subhai (South Tola), P.S. - Hajipur (Sadar), District - Vaishali.

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Laloo Paswan Son Of Shivnath Paswan Resident Of Village - Subhai (South Tola), P.S. - Hajipur (Sadar), District - Vaishali.

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Shivnath Paswan Son Of Shiv Prasad Paswan Resident Of Village - Subhai (South Tola), P.S. - Hajipur (Sadar), District - Vaishali.

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr. Ram Shankar Prasad, Advocate For the Opposite Party/s : Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 10-01-2023 Learned counsel for the petitioners is permitted to 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 Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 447, 147, 148, 149, 341, 323, 307, 354(B), 379, 504 and 506 of the Indian Penal Code.

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As per the prosecution case, the petitioners and the other co-accused persons came to the informant’s door armed

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Patna High Court CR. MISC. No.51576 of 2022(2) dt.10-01-2023 2/3

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with lathi and danda and started abusing the informant. On being protested, the co-accused Arjun Paswan caught the informant and the petitioner Shivnath Paswan gave a blow of sword on the informant’s head causing head injury and blood started oozing out. When the informant’s elder brother came to rescue he was also assaulted on his head with iron rod by coaccused Lalu Paswan. On halla, the informant’s nephew Randhir Paswan came to the place of occurrence and the petitioner Sarun Paswan assaulted on his head with knife causing injury. Thereafter all the accused persons entered into the house of the informant and vandalised the articles. When the informant’s wife objected, the co-accused dragged her, tore her clothes and snatched gold jitiya from her neck and the accused persons assaulted her by means of lathi and danda . Later on, the injured were taken to Sadar hospital, Hajipur where they were treated.

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Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The informant has sustained simple injury. He has submitted that the charge-sheet has been submitted against the petitioners under sections 447, 147, 148, 149, 341, 323 and 354(B). He has submitted that the allegation of snatching of gold chain is ornamental. He further submitted that there is land dispute

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Patna High Court CR. MISC. No.51576 of 2022(2) dt.10-01-2023 3/3

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between the parties.. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

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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. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Vaishali at Hajipur in connection with Hajipur (Sadar) P.S. Case No. 551 of 2020, 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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guddukr/-

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U T

Sarun Paswan @ Sarun Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sarun Paswan @ Sarun Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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