Anil Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23228 of 2024 Arising Out of PS. Case No.-486 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== ANIL PASWAN S/O RAJDEV PASWAN @ RAJDEV RAM R/O VILLAGEBARA BARIYARPUR, WARD NO.4, P.S- CHHATAUNI, DISTT.- EAST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that he assaulted the informant by iron rod causing injury on head. It is next submitted that from perusal of the
Patna High Court CR. MISC. No.23228 of 2024(2) dt.29-04-2024 2/3 order impugned, it would manifest that the same records that the injury report is not recorded in the case diary, as such it is submitted that in absence of injury report the nature of injury was not recorded i.e. whether the injuries suffered by the injured was simple or grievous. It is also submitted no doubt allegation is of assaulting the injured on head by an iron rod causing injury, but then the blow was not repeated and the injury report is also not on record.
4. The learned APP opposes the anticipatory bail application.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Chhatauni P.S. Case No.486 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
6. However, it is made clear that the learned trial court before accepting the bail bonds of the petitioner shall
Patna High Court CR. MISC. No.23228 of 2024(2) dt.29-04-2024 3/3 verify the injury report of the injured and in the event, if it is found that the injury is grievous in nature, in that event, the present anticipatory bail order shall not be given effect to.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T