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Patna High CourtCR. MISC./507/2025bail rejected

Bajo Paswan @ Bajrangi Kumar v. The State Of Bihar

2025-01-17Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.507 of 2025 Arising Out of PS. Case No.-37 Year-2024 Thana- ARIYARI District- Sheikhpura ====================================================== Bajo Paswan @ Bajrangi Kumar Son of Sibbalak Paswan Resident of Village - Sanaiya, P.S. - Ariyari, District - Sheikhpura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Ariyari P.S. Case No. 37 of 2024 registered for the offences punishable under Sections 341, 323, 324, 307, 504, 379/34 of the Indian Penal Code.

3.

As per prosecution case, petitioner have assaulted on the head of the informant by means of garasa causing head injury. It is further alleged that the accused persons took away with them one laptop, printer, charger, one mobile and cash of

Patna High Court CR. MISC. No.507 of 2025(2) dt.17-01-2025 2/3 Rs. 1,50,000/- from the shop of the informant. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. It is submitted that there is case and counter case between the parties. It is alleged that petitioner has assaulted the informant by means of garasa. Petitioner bears one criminal antecedent as per disclosure made in paragraph No. 3 of the bail application. It is lastly submitted that other co-accused persons have been granted anticipatory bail by this Court vide order dated 10-07-2024, passed in Cr. Misc. No. 44930 of 2024. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that there is direct allegation against the petitioner, hence, he does not deserve the privilege of anticipatory bail. 6.

Considering the rival submissions made by the learned counsel for the parties, there being direct allegation against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for grant of anticipatory bail is, accordingly, rejected.

7.

However, if the petitioner surrenders before the court below within a period of four weeks from today and prays

Patna High Court CR. MISC. No.507 of 2025(2) dt.17-01-2025 3/3 for regular bail, the same would be considered by the court below in accordance with law without being prejudiced by the order of this Court.

(Rudra Prakash Mishra, J) Raj Kishore/- U T