Bheem Paswan @ Bhim Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11251 of 2023 Arising Out of PS. Case No.-197 Year-2022 Thana- KHAIRA District- Jamui ====================================================== Bheem Paswan @ Bhim Paswan Son Of Late Ojha Paswan @ Prameshwar Paswan Resident Of Village - Khaira, P.S.- Khaira, District - Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Soni Shrivastava Mrs. Sarandha Suman For the Opposite Party/s :
Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-05-2023 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 341, 323, 308, 354A and 504 of the Indian Penal Code.
As per the prosecution case, when the informant was cutting straw outside his house, the petitioner along with other accused person came and told the informant as to why he was cutting straw. On protest, they assaulted the informant by means of rod over head of the informant.
Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.
Patna High Court CR. MISC. No.11251 of 2023(2) dt.10-05-2023 2/2 There is case and counter case between the parties and both sides have sustained injuries and in the both sides injuries were found grievous in nature, as enclosed in Annexure-4 of the bail application. She further submits that there is compromise between the parties, as enclosed in Annexure-5 of the bail application. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposes prayer for anticipatory bail.
Considering the facts and circumstances of the case and the fact that both sides have sustained grievous injury, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Khaira P.S. Case No. 197 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T