Chandradeo Paswan @ Chandradev Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5201 of 2022 Arising Out of PS. Case No.-268 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== CHANDRADEO PASWAN @ CHANDRADEV PASWAN Son of Shankar Paswan Resident of Village - Sarauni, Police Station - Kauwakol, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shankar Kumar, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 354(A), 447 ,448 and 120(B) of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that while he and his family members were talking, when 15 accused including petitioner came variously armed and assaulted the informant and his family members, it is next alleged that Arjun Paswan assaulted the informant with an iron rod on his head causing injury, Shiv Balak Paswan is alleged to
Patna High Court CR. MISC. No.5201 of 2022(2) dt.18-08-2022 2/3 have assaulted the informant on head but the informant managed to save himself but got his hand fractured thereafter Divakar Paswan assaulted the informant on head causing injury, it is next alleged that petitioner assaulted informant's brother with sword on neck which ultimately led to cutting of his three fingers and thereafter it is alleged that other accused persons also assaulted as detailed in the FIR.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the petitioner is alleged to have assaulted the brother of the informant by sword on neck which led to cutting of his three fingers but from perusal of the injury report (Annexure-2) all the injuries were simple in nature and no injury was found on the neck and the injuries were caused by hard and blunt substance. It is next submitted that similarly situated coaccused have been granted anticipatory bail by order dated 21.02.2021 in Cr. Misc. No. 2274 of 2021.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 trial court
Patna High Court CR. MISC. No.5201 of 2022(2) dt.18-08-2022 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kauwakol P.S. Case No. 268 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T