Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28915 of 2024 Arising Out of PS. Case No.-121 Year-2020 Thana- GURUA District- Gaya ====================================================== Sanjay Paswan Son of Hardeo Paswan Resident of Village- Jaibigha, P.S.- Gurua, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2024 Heard the parties.

2.

The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 308, 504, 506 and 307 of the Indian Penal Code. 3.

The allegation against the petitioner is that he and other co-accused persons assaulted the informant and his family members.

4.

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 omnibus in nature. There is no specific overt act against the petitioner and the injuries are of simple nature. Petitioner has no

Patna High Court CR. MISC. No.28915 of 2024(2) dt.03-07-2024 2/2 criminal antecedent.

5.

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

6.

Considering that though the injury is of simple nature but the doctor has opined that the injury may be dangerous of life and as per the Section 320 of IPC, any injury which is dangerous to life comes under grievous injury, as such, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T