Raja Paswan @ Raja Babu Vs the State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48341 of 2024

Arising Out of PS. Case No.-963 Year-2018 Thana- PHULWARISHARIF District- Patna

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Raja Paswan @ Raja Babu S/O Naresh Paswan R/O Village- Nadwan, P.SJanipur, Distt.- Patna At Present Bannara Nora Nagar, P.S- Ratu, Distt.Ranchi (Jharkhand).

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Kumar, Adv. For the Opposite Party/s : Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 13-09-2024

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in connection with Janipur (Phulwarisharif) P.S. Case No. 963 of 2018 dated 24.11.2018 registered for the offences punishable under Sections 341, 323, 324, 307/34 of the I.P.C. and Section 27 of the Arms Act.

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As per the prosecution case, the informant went to a shop where a hot discussion took place with the co-accused Naresh Paswan. Thereafter, the petitioner and the co-accused persons came with pistol and fired on the informant causing firearm injury. When his son, Amit Kumar and nephew Niwas Kumar came to rescue him, the accused persons also fired on

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Patna High Court CR. MISC. No.48341 of 2024(2) dt.13-09-2024 2/4

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them causing firearms injuries. Thereafter, the injured were taken to the hospital for treatment. The reason behind the occurrence is that the son of the co-accused Naresh Paswan had solemnized marriage with the informant’s niece four years ago and the accused persons regularly used to comment on the informant side with regard to that marriage.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It is submitted that there is general and omnibus allegation against the petitioner. It is further submitted that there is case and counter case between the parties. It is further submitted that earlier Sonu Kumar, the son of the co-accused Naresh Paswan, solemnized marriage with the niece of the informant for which Phulwarishariff P.S. Case No. 652 of 2014 was registered for the offences punishable under Sections 366A, 384/34 of the I.P.C. against him for kidnapping of the niece of the informant. It is further submitted that the statement of the girl was recorded before the learned court below in which she has accepted that she herself voluntarily married Sonu Kumar. The informant and the petitioner are the next door neighbours and there are inter-caste marriage between the informant’s niece and the son of the co-accused and the said marriage was not

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Patna High Court CR. MISC. No.48341 of 2024(2) dt.13-09-2024 3/4

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accepted by the parents of the girl. It is further submitted that the petitioner has no concern with the alleged offence. The coaccused person has already been granted anticipatory bail by this court vide order dated 13.02.2024 passed in Cr. Misc. No. 80271 of 2023. The petitioner has 7 criminal antecedents in which he is acquitted in 4 cases as stated in paragraph no. 3 of the bail application.

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

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Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Patna, in connection with Janipur (Phulwarisharif) P.S. Case No. 963 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition :-

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(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

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Patna High Court CR. MISC. No.48341 of 2024(2) dt.13-09-2024 4/4

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cause, the bail bond of the petitioner is liable to be cancelled.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/- U T

Raja Paswan @ Raja Babu v. the State of Bihar

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Raja Paswan @ Raja Babu v. the State of Bihar

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