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2025 DAILYLAW 7700 (PAT)

Nikhil Paswan v. The State of Bihar

CR. MISC./3736/2025 · 2025-03-05

Satyavrat Verma

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3736 of 2025 Arising Out of PS. Case No.-80 Year-2024 Thana- MUFFASIL District- Aurangabad ====================================================== 1. Nikhil Paswan, Son of Arun Paswan village- Karma Bhagwan, Ps- Aurangabad Muffasil, Dist- Aurangabad 2. Mamta Kumari, wife of Nikhil Paswan village- Karma Bhagwan, Ps- Aurangabad Muffasil, Dist- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aman Vishal For the Opposite Party/s : Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 05-03-2025 1. Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147,148,341,323,307,379,504 and 506 of the Indian Penal Code. 3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no.2 is a woman and the informant alleges that on 27.02.2024, his daughter was feeding her two year old son at his door, when Arun Paswan, petitioner and Sikil Paswan came and started abusing his daughter. On protest, the aforesaid three accused Patna High Court CR. MISC. No.3736 of 2025(2) dt.05-03-2025 2/3 assaulted her by lathi, iron rod and khanti causing injury and when the informant went to his daughter, accused Sona Devi, Mamta Kumari, Kajal Kumari, Janeshwar Paswan and Niraj Kumar came and assaulted him and his daughter by lathi, danda iron rod and khanti, on alarm, villagers arrived, when all the accused fled. 4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case. It is further submitted that even allegation of assault is general and omnibus in nature and similarly situated co-accused Arun Paswan and Sona Devi had approached this Court seeking anticipatory bail by filing Cr. Misc. No.60458 of 2024 and the same was allowed by an order dated 30.09.2024. 5. Learned A.P.P. opposes the anticipatory bail application. 6. Considering the submissions made by the learned counsel for the petitioners and taking into consideration the order dated 30.09.2024 in Cr. Misc. No.60458 of 2024, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) Patna High Court CR. MISC. No.3736 of 2025(2) dt.05-03-2025 3/3 each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Muffasil P. S. Case No.80 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. 7. The application stands allowed. vikash/- (Satyavrat Verma, J) U T