Sujeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22140 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- ASHTHAWAN District- Nalanda ====================================================== SUJEET PASWAN Son of Nawal Paswan R/V- Noawan Gobar Bigha, PSAsthawan Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Sharma, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 342, 354, 385, 386, 379 and 34 of the Indian Penal Code. The informant alleges that an altercation took place on account of not contributing Rs. 500/- as subscription (chanda), thereafter the accused persons including the petitioner dragged the women from the auto and assaulted them and even snatched their chain.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted no doubt an altercation had taken place but the said altercation had taken place as the auto driver had dashed one of the villagers on which

Patna High Court CR. MISC. No.22140 of 2023(2) dt.11-07-2023 2/2 he was assaulted, it is further submitted that since informant is known to the auto driver, as such, the present false case was instituted. It is next submitted that the date of occurrence is 20.01.2023 and the FIR was sent before the learned Trial Court on 25.01.2023 i.e., after a delay of five days which cast an aspersion on the case of the prosecution.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Asthawan P.S. Case No. 22 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T