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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67385 of 2025 Arising Out of PS. Case No.-104 Year-2017 Thana- PIPRAKOTHI District- East Champaran ====================================================== Ashok Paswan S/O Medu Paswan R/o Village- Darhan Bazar, Dhekhan, Goswami Tola, P.S.-Motihari Town, District- East Champaran at Motihari ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjana Srivastava, Advocate For the Opposite Party/s : Mr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 07-10-2025
1. Heard learned counsel for the petitioner and Mr. Rabindra Kumar, learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 326, 307 and 379 of the Indian Penal Code. 3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that the accused persons including the petitioner were construing the house on the land of the informant and on objection Sumer Paswan assaulted Anita Devi by farsa causing injury on her head. Thereafter, Sani Paswan assaulted Bachchu Paswan by khanti causing fracture of his leg and Umer Paswan assaulted Keshi Devi by lathi causing injury on her head and fracture of hand while petitioner and Prem Paswan assaulted Kishun Paswan by lathi and danda causing injury. Patna High Court CR. MISC. No.67385 of 2025(2) dt.07-10-2025 2/3
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that on account of dispute relating to land, the occurrence is alleged to have taken place. It is next submitted that no doubt, in the FIR specific allegaiont of assualt is alleged against the accused persons but then against the petitioner, it is alleged that he along with Prem Paswan assaulted Kishun Paswan by lathi and danda causing injury, as such, the allegation of assault is not specific. It is also submitted that since the informant’s side was objecting the construction of the house, as such, an altercation had taken place in which both sides assaulted each other. It is reiterated and submitted that petitioner is a person with clean antecedent and is not a criminal. 5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.67385 of 2025(2) dt.07-10-2025 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Piprakothi P.S. Case No. 104 of 2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Kundan/- (Satyavrat Verma, J) U T