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Patna High CourtCR. MISC./1991/2025bail granted

Arvind Paswan v. The State Of Bihar

2025-02-05Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1991 of 2025 Arising Out of PS. Case No.-55 Year-2024 Thana- Garahara District- Begusarai ====================================================== Arvind Paswan, son of Mucho Paswan Resident of village- Premnagar, Garhara, ward no 18, PS- Garhara, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Ataul Haque, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-02-2025

1. Heard Mr. Md Ataul Haque, learned counsel for the petitioner and Mr. Rajendra Singh, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Garhara P.S. Case No. 55 of 2024 dated 13.10.2024 registered for the offences punishable under Sections 190, 191(3), 126(2), 115(2), 125(2), 109(1), 303(2), 352 and 351(2) of B.N.S.

3. The main submissions advanced by the learned counsel for the petitioner are that there is case and counter case in between both the parties, several persons including the petitioner have been named in the FIR but against the petitioner there is no specific allegation with regard to the alleged assault and as per the prosecution story, the informant's nephew was assaulted by inflicting iron rod blow and brick but the said

Patna High Court CR. MISC. No.1991 of 2025(2) dt.05-02-2025 2/3 allegation is not specific against this petitioner and other coaccused, in fact, a dispute arose in between both the parties when the wife of this petitioner was seeing goddess Durga, while she was standing in front of a temple and owing to that reason, initially an incident of abusing committed by the prosecution party by calling the petitioner and others by their caste name occurred and the same led to the commission of the alleged occurrence in between both the sides. It is further submitted that against the petitioner there are criminal antecedents of two cases out of which in one case, he is on bail and in second case, he has been released after due admonition and the alleged occurrence mentioned in the FIR was not preplanned rather the same took place in the spur of the moment due to a quarrel having taken place in between both the parties.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions made by petitioner's counsel, this court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Garhara P.S.

Patna High Court CR. MISC. No.1991 of 2025(2) dt.05-02-2025 3/3 Case No. 55 of 2024 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the BNSS. (Shailendra Singh, J) Rajiv/- U T