Rahul Paswan @ Rahul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16142 of 2023 Arising Out of PS. Case No.-284 Year-2022 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Rahul Paswan @ Rahul S/o Ramdaresh Paswan, resident of Kashim Chowk, Mohiuddin Nagar PS, Samastipur, Bihar-848101 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for grant of anticipatory bail in connection with Mohiuddin Nagar P.S. Case No.284 of 2022, corresponding to GR No.3076 of 2022, registered for offences under Sections 341, 323, 324, 307, 504 and 34 of the IPC. The allegation is regarding the petitioner having assaulted the husband of the informant by a knife.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and

Patna High Court CR. MISC. No.16142 of 2023(2) dt.25-05-2023 2/3 he is having a clean antecedent. The learned counsel for the petitioner has further submitted that the injury caused upon the person of the husband of the informant has been found to be simple in nature, hence a sympathetic view be taken and the petitioner be granted the privilege of anticipatory bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the injury sustained by the husband of the informant has been found to be simple in nature and the petitioner is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the

Patna High Court CR. MISC. No.16142 of 2023(2) dt.25-05-2023 3/3 court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Mohiuddin Nagar P.S. Case No.284 of 2022 corresponding to GR No.3076 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) kanchan/- U T