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2025 DAILYLAW 89747 (PAT)

AWDHESH PASWAN v. The State of Bihar

CR. MISC./2506/2025 · 2025-02-12

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2506 of 2025 Arising Out of PS. Case No.-145 Year-2024 Thana- PARAIYA District- Gaya ====================================================== 1. Awdhesh Paswan S/O Late Rajdeo Paswan R/O Vill.- Khaira, P.S.- Paraiya, Dist.- Gaya. 2. Raju Kumar S/O Awdhesh Paswan R/O Vill.- Khaira, P.S.- Paraiya, Dist.- Gaya. 3. Raj Karan Kumar @ Raj Karan S/O Awdhesh Paswan R/O Vill.- Khaira, P.S.- Paraiya, Dist.- Gaya. 4. Sunny Kumar S/O Awdhesh Paswan R/O Vill.- Khaira, P.S.- Paraiya, Dist.- Gaya. 5. Lalo Devi W/O Awdhesh Paswan R/O Vill.- Khaira, P.S.- Paraiya, Dist.- Gaya. 6. Shiwani Kumari @ Siwani Kumari D/O Awdhesh Paswan R/O Vill.- Khaira, P.S.- Paraiya, Dist.- Gaya. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mrigendra Kumar, Advocate For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 12-02-2025 1. Heard learned Counsel for the petitioners and learned APP for the State. 2. This application, for grant of anticipatory bail, arises out of Paraiya PS case no. 145 of 2024, disclosing offences punishable under Section 354 and other allied sections of the Indian Penal Code. 3. The prosecution story, as per the First Information Report, is that on 14.05.2024, when the husband and father-in- Patna High Court CR. MISC. No.2506 of 2025(2) dt.12-02-2025 2/3 law of the informant was coming towards their home, they were accosted by petitioners, who assaulted them by lathi, danda etc. It is alleged that petitioner no. 6 took out Rs. 12,000/- from the pocket. 4. Learned Counsel for the petitioners submits that both parties are neighbours having land dispute and there is case and counter case, inasmuch as Paraiya PS Case No. 144 of 2024 has been lodged by petitioner no. 1 against the informant and her family members. Learned counsel further submits that all the Sections are bailable except Sections 379 and 354 of the Indian Penal Code. The allegation against the petitioners under Sections 379 and 354 I.P.C. is an exaggeration and is ornamental in nature. He also submits that injuries caused to the victims are simple in nature. The petitioners are stated to be having no criminal antecedent. 5. Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are neighbours having land dispute, case and counter case is there and injuries sustained by the victims are simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners. 6. This application is, accordingly, allowed. Patna High Court CR. MISC. No.2506 of 2025(2) dt.12-02-2025 3/3 7. Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Gaya in connection with Paraiya PS case no. 145 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. rinkee/- (Anil Kumar Sinha, J) U T