Suman Kumar Paswan @ Suman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16399 of 2024 Arising Out of PS. Case No.-901 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== SUMAN KUMAR PASWAN @ SUMAN KUMAR SON OF ASHOK PASWAN R/O-RANI SAKARPURA, P.S.-KHAGARIA (GANGAUR), DISTT.-KHAGARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-03-2024 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Khagaria (Gangaur) P.S. Case No. 910 of 2023 for the offence registered under sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code lodged on 31.08.2023 by the informant, Ranveer Kumar Paswan.
3. As per the prosecution story, the informant alleged that when his son, Alok Raj was going to collect ration, the accused persons assembled and allegation against this petitioner of giving knife blow on his head, causing injury and was rushed to Sadar Hospital, Khagaria. Accordingly, the FIR.
4. Learned Counsel for the petitioner has taken this Court to the Injury Report of Alok Raj to show that the same has been found to be simple and on wrist not on the head. The further submission is that the petitioner is a friend of Alok Raj and do not have criminal antecedent.
Patna High Court CR. MISC. No.16399 of 2024(2) dt.14-03-2024 2/3
5. Further the submission is that without accepting the allegation and/or the outcome of the present petition in view of the fact that the informant side has alleged injuries, the petitioner (s) on its own would like to contribute towards the medical assistance of Rs. 5,000/- through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.
6. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.
7. Taking into account the submissions put forward by the parties as also the injury report, is a young boy, student, do not have criminal antecedent, this Court is inclined to extend him privilege of anticipatory bail.
8. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 901 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.16399 of 2024(2) dt.14-03-2024 3/3 (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Neha/- U T