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Patna High CourtCR. MISC./19361/2021dismissed

Mahesh Paswan v. The State Of Bihar

2022-05-13Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19361 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== MAHESH PASWAN Son of Late Bhuneshwar Paswan @ Bhatan Resident of Village - Pator Tola Kirtua, P.S.- Pator O.P. (A.P.M.), District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishor Prasad For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-05-2022 Heard the learned counsel for the petitioner and the learned APP for the State The petitioner seeks bail in anticipation of his arrest in connection with Ashok Paper Mill (Pator O.P.) P.S. Case No. 107 of 2020 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 506, 354(B) and 427 of the Indian Penal Code.

By order dated 25.03.2022, case diary and injury report of the injured was called from from the court below and

Patna High Court CR. MISC. No.19361 of 2021(3) dt.13-05-2022 2/3 the petitioner had been granted provisional bail. The case diary and the injury report have been received.

The petitioner is alleged to have assaulted Reshma Devi on her head by means of a hard and blunt substance. The injury report of Reshma Devi indicates that there has been a fracture in the parietal bone, though no intracranial contusion could be spotted.

It has been urged on behalf of the petitioner that he is a casual labourer working in a company but only for his having relationship with Mahavir Paswan with whom the informant is at inimical terms, he has been made accused in this case.

However, looking at the nature of injury on victim Reshma Devi, which is squarely attributable to the petitioner, I am not inclined to grant anticipatory bail to him. The prayer for anticipatory bail is rejected. The interim order dated 25.03.2022 is thus, recalled.

Should the petitioner surrender before the court below and seek bail, the above noted grounds as also that all the accused persons of this case have been granted bail, shall be

Patna High Court CR. MISC. No.19361 of 2021(3) dt.13-05-2022 3/3 taken into account and an order shall be passed without being prejudiced by the fact that the present petition on behalf of the petitioner has not been entertained.

(Ashutosh Kumar, J) sunilkumar/- U T