Mithilesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12175 of 2020 Arising Out of PS. Case No.-87 Year-2019 Thana- CHANDI District- Bhojpur ====================================================== Mithilesh Paswan Son of Majetar Paswan Resident of Village - Sundara, P.S. - Chandi, District - Bhojpur, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar, Advocate For the Opposite Party/s :

Dr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-10-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Chandi P.S. Case no. 87 of 2019 registered under sections 307, 147, 149, 341, 323, 325, 379, 504 and 506 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that over a dispute in a Barat in course of marriage, there was altercation between the parties and on the next date Indradeo Paswan struck the uncle of the informant on his head as a result of which he started to bleed while the petitioner is stated to have given a blow with a rod on the chest. It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. A minor altercation in a marriage has been blown out of proportion and as an afterthought an FIR has been registered after much delay on 26.5.2019 for an occurrence which is alleged to have taken place in the night of 20.5.2019/21.5.2019.

Patna High Court CR. MISC. No.12175 of 2020(4) dt.08-10-2020 2/2 The application for bail is opposed by learned counsel for the State.

Case diary called for in the case diary has been received.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the injury report of the uncle of the informant wherein the injuries are stated to be simple in nature together with the delay in lodging of the FIR, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Chandi P.S. Case no. 87 of 2019 he will be enlarged on bail on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 12th, Bhojpur at Ara subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Prakash/- U