Shankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26020 of 2023 Arising Out of PS. Case No.-174 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== SHANKAR PASWAN SON OF LATE BABU LAL PASWAN VILLAGE BADKI MAHMADPUR, P.S BAKHTIYARPUR, DISTRICT PATNA, PRESETLY RESIDING AT Z-197 F, BISHUN GARDAN, P.S.- TILAK NAGAR, DIST. - W.DELHI-110018 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gyanendra Kumar Singh For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

As per the FIR, the informant slapped one Rocky Kumar for destroying his hut. As a result of which, the petitioner along with other co-accused persons assaulted the informant by means of talwar and iron rod due to which he sustained injuries. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.26020 of 2023(2) dt.13-07-2023 2/2 omnibus in nature. He submits that similarly situated co-accused namely, Amar Paswan has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 15.02.2022 passed in Cr. Misc. No.49107 of 2021. Petitioner has no criminal antecedent.

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

Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bakhtiyarpur P.S. Case No.174 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T