Dinesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18754 of 2023 Arising Out of PS. Case No.-453 Year-2020 Thana- TEKARI District- Gaya ====================================================== DINESH PASWAN Son of Banarji Paswan @ Banarshi Paswan R/vChitokhar, P.S.- Tekari (Mau), District- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Tiwary For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2023 Heard the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 323, 341, 342, 504, 506, 308 and 34 of the Indian Penal Code.

3.

The allegation against the petitioner is that he along with co-accused Mahesh Paswan and others entered into the house of the informant and assaulted and abused the informant's side. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There is a case and counter case between the parties

Patna High Court CR. MISC. No.18754 of 2023(4) dt.21-07-2023 2/2 and both sides have sustained injuries. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case and considering the offence under Section 308 and other Sections of the IPC, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Tekari P.S. Case No.453 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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