Mahendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12828 of 2023 Arising Out of PS. Case No.-271 Year-2022 Thana- DEEPNAGAR District- Nalanda ====================================================== MAHENDRA PASWAN S/O LATE LAKHAN PASWAN R/v- Dodha, P.S.- Deepnagar, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Narayan Singh For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code pending in the learned court below.

Allegation against the petitioner is that he has brutally assaulted the informant and his family members. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is no specific overt act against the petitioner. He further submits that the injury found upon the victim is grievous in nature but there

Patna High Court CR. MISC. No.12828 of 2023(2) dt.19-05-2023 2/2 is no direct allegation against the petitioner. He further submits that there is case and counter case between the parties and both sides have sustained injuries. Her submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Deepnagar P.S. Case No.271/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T