Allowed¶23

Deepak Paswan v. The State of Bihar

Patna HC10 Jan 2024CR. MISC./82459/2023

Case brief

AI extract

What is this about?

Patna High Court CRIMINAL MISCELLANEOUS No.82459 of 2023, decided 10-01-2024 by Justice Arun Kumar Jha; petitioners Deepak Paswan, Abhimanyu Paswan and Rina Devi versus The State of Bihar; anticipatory bail under Section 438(2) CrPC in Panjwara P.S. Case No. 40 of 2021, District Banka; offences under Sections 341, 323, 308, 504, 506 and 34 IPC; simple injuries; minor dispute; bail bond Rs. 20,000/- each with two sureties; counsel: Vibhakar Kumar (petitioners), Anil Kumar APP (State).

What did the court decide?

Anticipatory bail: petitioners to be released on bail upon arrest or surrender within eight weeks, on bail bond of Rs. 20,000/- each with two sureties of the like amount each, subject to Section 438(2) CrPC conditions and the additional conditions (close-relative bailor; attendance on dates fixed by the trial court). ¶23

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, apprehending arrest in Panjwara P.S. Case No. 40 of 2021 for offences under Sections 341, 323, 308, 504, 506 and 34 IPC, are entitled to anticipatory bail.

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Court's answer

Anticipatory bail granted: considering the simple nature of injuries in the background of a minor dispute, the petitioners are to be released on bail in the event of their arrest or surrender within eight weeks, on furnishing a bail bond of Rs. 20,000/- each with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) CrPC.

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Ratio / Principle

Bail made subject to further conditions: one of the bailors must be a close relative of the petitioners, and the petitioners must remain present on each and every date fixed by the court below if so required by the learned trial court.

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Detailed headnote1 paragraphs

Anticipatory bail granted (Section 438 CrPC) — Patna High Court, Arun Kumar Jha, J (oral order dated 10-01-2024) allowed pre-arrest bail to Deepak Paswan, Abhimanyu Paswan and Rina Devi in connection with Panjwara P.S. Case No. 40 of 2021 (Dist. Banka) registered for offences under Sections 341, 323, 308, 504, 506 and 34 IPC for alleged assault on the informant and his wife; noting general and omnibus allegations, simple injuries arising out of a minor dispute and the petitioners' lack of criminal history, the Court directed release on bail upon arrest or surrender within eight weeks on a bail bond of Rs. 20,000/- each with two sureties of the like amount, subject to Section 438(2) CrPC conditions, one bailor being a close relative of the petitioners and their presence on each date fixed by the trial court if required.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82459 of 2023

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Arising Out of PS. Case No.-40 Year-2021 Thana- PANJWARA District- Banka

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Deepak Paswan S/O Mahendra Paswan Village- Janu Kita, Purana Nagari, Ps. Panjwara, Dist. Banka.

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Abhimanyu Paswan S/O Mahendra Paswan Village- Janu Kita, Purana Nagari, Ps. Panjwara, Dist. Banka.

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Rina Devi W/O Deepak Paswan Village- Janu Kita, Purana Nagari, Ps. Panjwara, Dist. Banka.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Vibhakar Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 10-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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In the present case, the petitioners are apprehending their arrest in connection with Panjwara P.S. Case No. 40 of 2021, registered on 23.04.2021, for the alleged offence under Sections 341, 323, 308, 504, 506 and 34 of the Indian Penal Code.

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As per prosecution case, the allegation against the petitioners and other co-accused person is that of assaulting the informant and his wife, causing injuries to them.

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Learned counsel for the petitioners submits that

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Patna High Court CR. MISC. No.82459 of 2023(2) dt.10-01-2024 2/3

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petitioners are innocent and have been falsely implicated in this case. The occurrence took place over a minor dispute between parties and quarrel over playing of child of the informant. The allegations are general, omnibus and non-specific. The injury report of the victim shows superficial bruise and superficial cut injury and the injuries are simple in nature. The petitioners have got no criminal history.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail.

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Having regard to the facts and circumstances and submission made on behalf of the parties and considering simple nature of injuries in the background of minor dispute, let the petitioners above named, in the even of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial in connection with Panjwara P.S. Case No. 40 of 2021 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

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(i) One of the bailors will be a close relative of the petitioners.

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Patna High Court CR. MISC. No.82459 of 2023(2) dt.10-01-2024 3/3

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(ii) The petitioners will remain present on each and every date fixed by the court below, if so

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required by the learned trial court.

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(Arun Kumar Jha, J)

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Ashish/-