Awadhesh Paswan @ Abdhesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26988 of 2024 Arising Out of PS. Case No.-322 Year-2022 Thana- GAURICHAK District- Patna ====================================================== Awadhesh Paswan @ Abdhesh Paswan son of Krishna Paswan Resident of village- Abadullah Chak PS- Gauri Chak, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithvi Nath Mishra, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Gaurichak P.S. Case No. 322 of 2022 instituted under Sections 341, 323, 504, 307, 379, 447, 504 and 34 of the Indian Penal Code.
3. As per the prosecution case, 10 accused persons including the petitioner assaulted the informant and his family members. The other co-accused, namely, Bhola Paswan and Naresh Paswan assaulted the husband of the informant with iron rod causing injury to him.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to ulterior motive. The present case is the counter blast
Patna High Court CR. MISC. No.26988 of 2024(2) dt.17-05-2024 2/2 of the Gaurichak P.S. Case No. 321 of 2022 registered against the informant and others by defence side. He further submits that the petitioner is not the assailant of the injured. He also submits that the similarly situated accused, namely, Golu Paswan @ Golu Kumar has already been granted anticipatory bail by this Court vide order dated 04.08.2023 passed in Cr. Misc. No. 43201 of 2023.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M. VI, Patna City/Concerned Court Below in connection with Gaurichak P.S. Case No. 322 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) ashishkr/- U T