Allowed

Umesh Paswan v. The State of Bihar

Patna HC2 Aug 2024CR. MISC./56515/2024

Case brief

AI extract

What is this about?

In an anticipatory bail application, the Patna High Court allowed the petitioner to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties in connection with a police case involving sections 341, 323, 307, and 379/34 of the IPC.

What did the court decide?

The petitioner was directed to be enlarged on bail upon arrest or surrender, furnishing a bond of Rs. 10,000 with two sureties within eight weeks, subject to truthfulness regarding antecedents.

Umesh Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56515 of 2024

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Arising Out of PS. Case No.-191 Year-2023 Thana- KHODAWANDPUR District- Begusarai

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

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Umesh Paswan S/o Baeijnath Paswan @ Baeidnath Paswan @ Baijanath Paswan R/o Village- Ward No.1 Shahpur Bhoja, P.S.- Khodawandpur (Chhorahi O.P.), Dist.- Begusarai

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Randhir Kumar No.1, Advocate For the State : Mr. Rajesh Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR

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ORAL ORDER

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2 02-08-2024 Heard Ld. counsel for the Petitioner and Ld. APP for

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the State.

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The Petitioner apprehends his arrest, in connection

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with Khodawandpur (Chhorahi O.P.) P.S. Case No. 191 of 2023 dated 28.06.2023, registered for the offences punishable under Sections 341, 323, 307, 337 and 379/34 of the Indian Penal Code.

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The prosecution case, in brief, is that the Petitioner along with others named co-accused persons came into the house of the informant with lathi , danda , rod and pistol and started abusing. On protest being made, one person namely, Umesh Paswan (Petitioner) with intention to kill, hit by iron rod on the head of Laxmi Kumar, son of the informant and Bablu Paswan also hit by iron rod on the head of Ram Binod Paswan, another son of the informant. Consequently, both sons of the

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Patna High Court CR. MISC. No.56515 of 2024(2) dt.02-08-2024 2/3

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informant got injured. The other family members of informant were also assaulted by accused persons.

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Ld. counsel for the Petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that there is case and counter case. The accused side have also lodged Khodawandpur (Chhorahi O.P.) P.S. case No. 192 of 2023, under Sections 341, 323, 307, 504, 302 read with Section 34 of the I.P.C. He further submits that the only allegation against the Petitioner is that he has caused simple injury by iron rod. He further submits that other coaccused persons have been enlarged on bail by this Court vide order dated 17.02.2024 passed in Cr. Misc. No. 6371 of 2024.

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It is stated in paragraph no. 3 of the bail petition that the petitioner has been made accused in one other case.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

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However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

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Considering the aforesaid facts and circumstances, this application is allowed , directing the Petitioner, abovenamed, to be enlarged on bail in the event of his arrest or

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Patna High Court CR. MISC. No.56515 of 2024(2) dt.02-08-2024 3/3

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surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Sub-Divisional Judicial Magistrate, Manjhaul, Begusarai, in connection with Khodawandpur (Chhorahi O.P.) P.S. Case No. 191 of 2023, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and the following conditions:

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(i) In case, it is brought to the notice of the court below that the Petitioner has given wrong statement regarding his criminal antecedents, Ld. court below shall cancel the bail bonds of the Petitioner after hearing him and getting satisfied that the Petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bond of the Petitioner.

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(Jitendra Kumar, J)

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Chandan/ ravishankar-

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U T

Umesh Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Umesh Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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