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Patna High CourtCR. MISC./30439/2021bail granted

Rajiv Paswan @ Rajiv Kumar @ Rajiv v. The State Of Bihar

2022-02-15Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30439 of 2021 Arising Out of PS. Case No.-479 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== RAJIV PASWAN @ RAJIV KUMAR @ RAJIV Son of Bishundeo Paswan Resident of Village- Bihat Jagir Tola, P.S.- Barauni, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. At the very outset , learned counsel for the petitioner submits that in para-1 of the petition, inadvertently Sections 324 and 506/34 of the IPC were typed and Section 147 of the IPC is left out.

Accordingly, necessary permission is granted to delete Sections 324 and 506/34 of the IPC and adding Section 147 of the IPC.

The petitioner is apprehending his arrest in a case

Patna High Court CR. MISC. No.30439 of 2021(2) dt.15-02-2022 2/3 registered for the offences punishable under Sections 147, 341, 323, 504 and 307 of the Indian Penal Code.

It is a case of assault upon the informant and his family members by means of lathi-danda by the accused persons.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the petitioner and the informant are Gotiyas. He further submits that the injury report of the informant, namely, Surendra Kumar is annexed with this petition as Annexure-2 and from perusal of the injury report as well as supplementary report, it appears that the injuries are simple in nature. Petitioner has clean antecedent.

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

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Barauni (FCI) P.S. Case No. 479 of 2020,

Patna High Court CR. MISC. No.30439 of 2021(2) dt.15-02-2022 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) brajesh kumar/- U T