Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5068 of 2024 Arising Out of PS. Case No.-293 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== Mukesh Paswan Son of Baldev Paswan Resident of village - Dhusmuri Bishanpur, P.S.- Muffasil, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 307 and 34 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that petitioner has antecedents of two cases. It is next submitted that petitioner because of his antecedent came to be falsely implicated with general and omnibus allegation that he along with Vikash and Pramod assaulted the informant by iron rod causing injury and thereafter also assaulted the son and grandson of the informant. It is next submitted that in the first part of the FIR, it is alleged that the petitioner came armed with lathi and danda, but in the later part, it is alleged that he along with two other accused assaulted by an iron rod. It is further

Patna High Court CR. MISC. No.5068 of 2024(2) dt.23-02-2024 2/2 submitted that though allegation is of assault by iron rod but then there is no injury report in the case diary. 4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khagaria (Muffasil) P.S. Case No. 293 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 6.

However, it is made clear that learned trial court before accepting the bail bonds shall verify the injury report of the injured and in the event, if it is found that any of the injured suffered grievous injury in that event, the present anticipatory bail order shall not be given effect.

(Satyavrat Verma, J) SUMIT/- U T