Binod Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21978 of 2024 Arising Out of PS. Case No.-33 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== BINOD PASWAN SON OF RAJAN PASWAN RESIDENT OF VILLAGE - KASIYADIH, BISHANPUR, P.S. - WAZIRGANJ, DISTRICT - GAYA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha For the Opposite Party/s :
Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State
2. The petitioner apprehends his arrest in Wazirganj P.S. Case No. 33 of 2021 registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code pending in the Court of learned ACJM-I, Gaya.
3. Five accused persons armed with deadly weapon are said to have entered into the house of the informant and when the informant came outside from his room then one of the accused assaulted the informant with sword on his head. The accused persons looted away the jewellery and valuable articles.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case on the confessional statement of co-
Patna High Court CR. MISC. No.21978 of 2024(2) dt.04-04-2024 2/2 accused which has no evidentiary value in the eye of law. It is further submitted that the petitioner is not named in the F.I.R. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has three criminal antecedents almost similar nature of the offence.
5. Learned APP for the State vehemently opposing the bail petition submitted that considering the nature of the offence, the petitioner does not deserve anticipatory bail.
6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) Trivedi/- U T