JITENDRA PASWAN v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 120B, 147, 307, 323, 461
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
MANOJ @ MANOJ PASWAN SON OF RAM PRAVESH PASWAN R/O- DEOKALI, P.S.-GURARU, DISTT.-GAYA The State of Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH Mr.Ujjawal Kumar Singh, Advocate. Mrs. Nirmala Kumari, APP. ORAL ORDER 2 20-02-2024 Heard Mr. Ujjawal Kumar Singh, learned counsel appearing on behalf of the petitioners and Mrs. Nirmala Kumari, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Guraru P.S. Case No. 218 of 2022 registered for the offence punishable under Sections 147, 461, 323, 307 and 120B of the Indian Penal Code.
As per the allegation made in the F.I.R., the petitioners and the co-accused persons are alleged to have assaulted the informant’s mother with iron rod causing head injury and also hand of the mother of the informant got fractured.
Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.9027 of 2024(2) dt.20-02-2024 petitioners submitted that the petitioners have been falsely implicated in the case. The allegation levelled against the petitioners are general and omnibus. The specific allegation of assault is against the co-accused Anand Kumar. The petitioners have no criminal antecedent. Similarly situated co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 18.12.2023 passed in Cr. Misc. No. 76132 of 2023.
Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
Considering the nature of allegation made in the F.I.R., the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-X, Gaya in connection with Guraru P.S. Case No. 218 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. mantreshwar/- U T (Purnendu Singh, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.