Bishundev Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18431 of 2024 Arising Out of PS. Case No.-283 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== Bishundev Paswan aged about 39 years Son of Brahamdev Paswan Resident of Village-Malahi Khandha, P.O.-Bela Taradhi, P.S.-Naubatpur, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Naubatpur P.S. Case No. 283 of 2020 dated 01.06.2020, instituted for the offence punishable under Sections 341, 323, 307, 302 and 504/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on the date of occurrence all the accused persons including the petitioner came with deadly weapons at the gairmajarua land in front of informant's door and started cleaning the land for construction of house. Upon protest by the informant, the accused persons assaulted his father by butt of pistol due to which he sustained head injury. They also assaulted his brother due to which he sustained injury on the head and on his right hand.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.18431 of 2024(2) dt.15-04-2024 2/2 petitioner is innocent and he has been falsely implicated in this case. It is submitted that after investigation and supervision by the superior officers of the police, final report has been submitted but the cognizance has been taken against the petitioner by learned A.C.J.M. differing from the final report. It is submitted that there is no specific allegation against the petitioner rather it is general and omnibus. Lastly, it has been submitted that he has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Naubatpur P.S. Case No. 283 of 2020, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Danapur, Patna, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T