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Patna High CourtCR. MISC./11723/2024allowed

Saroj Paswan @ Saroj Kumar Paswan v. The State Of Bihar

2024-07-05Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11723 of 2024 Arising Out of PS. Case No.-118 Year-2018 Thana- SIMRI District- Darbhanga ====================================================== Saroj Paswan @ Saroj Kumar Paswan S/o Kailash Paswan R/o Village - Siswara, P.S. - Katra, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Das, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 341, 323, 324, 308, 379 of the Indian Penal Code.

3. Allegedly, the petitioner along with other co-accused persons are said to have assaulted the informant and his friend by means of several weapons.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. He has been falsely implicated in the present case. No such occurrence, in manner as alleged, has ever taken place. The allegation levelled against the petitioner is totally false and based on concocted facts. There is case and counter

Patna High Court CR. MISC. No.11723 of 2024(4) dt.05-07-2024 2/3 case between the parties. It is further submitted that earlier the petitioner moved before the learned Court below for anticipatory bail in the year 2021 and also he was granted anticipatory, but due to COVID-19, he could not furnish his bail bond. Thereafter, again the petitioner filed A.B.P. No. 614/2023 & A.B.P. No. 1342/2023 before the learned Court below, which were dismissed merely on the ground that earlier the petitioner had not furnished his bail bond in A.B.P. No. 1416/2021. Learned counsel further submits that petitioner has one criminal antecedent as mentioned in Para 3 of the bail application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the petitioner has earlier been granted anticipatory bail by the learned Court below, let the above named petitioner, be released on bail, in the event of her 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

Patna High Court CR. MISC. No.11723 of 2024(4) dt.05-07-2024 3/3 Simri P.S. Case No. 118 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T