Indradev Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12902 of 2024 Arising Out of PS. Case No.-165 Year-2022 Thana- NOORSARAI District- Nalanda ====================================================== Indradev Paswan S/O Nawal Paswan R/O VILLAGE- KASHAMIRICHAK, P.S.- NOORSARAI, DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Sharma For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-03-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 34 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is further submitted that the petitioner is a young boy, aged about 24 years and it has been specifically pleaded at para-12 of the anticipatory bail application that the informant was injured while playing a cricket match and he got hit by the ball on the nose, but for reasons best known, falsely implicated the petitioner and other accused persons with an allegation that

Patna High Court CR. MISC. No.12902 of 2024(2) dt.14-03-2024 2/3 while he was returning home after purchasing groceries, he was intercepted by the accused persons, including the petitioner and they assaulted him with pistol and lathi causing injury on the nose.

4.

The Learned counsel next submits that had the petitioner and the accused persons would have assaulted him with lathi (ballah) and butt of the pistol, in that event injury would have been found over other parts of the body also, but then the injury was only on the nose, which further lends credence to the plea taken by the petitioner that the informant was hit during a cricket match while facing the ball. It is further submitted that petitioner is a young boy and if he is sent to judicial custody, his entire career would get jeopardized. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

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 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

Patna High Court CR. MISC. No.12902 of 2024(2) dt.14-03-2024 3/3 is pending/successor court in connection with Noorsarai P.S. Case No. 165 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T