Dhanu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20688 of 2024 Arising Out of PS. Case No.-180 Year-2023 Thana- RAFIGANJ District- Aurangabad ====================================================== Dhanu Paswan Son of Surit Paswan Resident of Village- Makhdumpur, PSRafiganj, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Rafiganj P.S. Case No. 180 of 2023, registered for the alleged offence under Sections 341, 323, 504, 506, 379, 307/34 of the Indian Penal Code.

03. As per prosecution case, the petitioner and other co-accused persons, who were part of a marriage party, assaulted the informant and his staff, who were running petrol pump, causing injuries to them. The assailants also snatched a mobile phone and Rs. 3,00,000/- cash from the staff of the informant.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.20688 of 2024(2) dt.02-04-2024 2/3 case. The allegation is completely false and concocted. There is general and omnibus allegation of assault against the petitioner and 9 other co-accused persons. The allegation of snatching mobile phone and money is against other co-accused persons. No specific over act has been attributed to this petitioner, who is having no criminal antecedent.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the non-specific and vague nature of allegation against the petitioner and further considering the probability of false accusation, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad/concerned court in connection with Rafiganj P.S. Case No. 180 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.20688 of 2024(2) dt.02-04-2024 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T