Munna Paswan @ Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23992 of 2020 Arising Out of PS. Case No.-294 Year-2019 Thana- BISFI District- Madhubani ====================================================== MUNNA PASWAN @ MUKESH PASWAN Son of Sunil Paswan Resident of Village- Dhepura, Ghat Tola, Ward No.5, P.S.- Bisfi (Aunsi), DisttMadhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-10-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Dilip Kumar No. 1, learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bisfi (Ausi) P.S. Case No. 294 of 2019 for the offence registered under Sections 448, 323, 324, 307, 354(B), 379, 504, 506/34 of the Indian Penal Code.

The allegation is regarding the accused persons having assaulted the informant and her relative namely, Aniket Safi resulting in them receiving injuries.

Patna High Court CR. MISC. No.23992 of 2020(2) dt.16-10-2020 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that as per the FIR, the petitioner is alleged to have assaulted Aniket Safi, however, the injury report, annexed to the present petition, would show that the injuries sustained by the said Aniket Safi are simple in nature.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is having a clean antecedent and the injuries inflicted on the injured person, attributable to the petitioner herein, have been found to be simple in nature, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail. Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,

Patna High Court CR. MISC. No.23992 of 2020(2) dt.16-10-2020 3/3 Benipatti in connection with Bisfi (Ausi) P.S. Case No. 294 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T