Arpan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27449 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- CHANDRAMANDI District- Jamui ====================================================== Arpan Paswan S/o Rajdeo Paswan Resident of Village- Raychor, Tola Bohwa, P.S.- Chandramandih, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 354A and 379/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is further submitted that on account of dispute relating to land, the occurrence is alleged to have taken place and petitioner is nephew of the informant and is alleged to have assaulted the son of the informant Yaswant Paswan by a sharp edged weapon causing injury on his head. Further, Rahul Paswan and Putul Paswan had caught Yaswant Paswan and this petitioner assaulted the son of the informant. It is next submitted that from

Patna High Court CR. MISC. No.27449 of 2024(3) dt.05-07-2024 2/3 perusal of the injury report, it would manifest that two injuries are simple but then injury on the head is grievous. It is also submitted that during the course of investigation, it has come that Rahul Paswan and Putul Paswan were not present at the place of occurrence.

4. Mr. Chandra Bhushan Prasad, learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that what is not disputed rather stands admitted is that Yaswant Paswan received injury on his head and the injury is grievous and someone assaulted him. Since the informant specifically alleges that this petitioner assaulted his son leading to grievous injury as such the petitioner may not be granted the privilege of anticipatory bail. It is submitted that merely because it has been submitted that Rahul Paswan and Putul Paswan were not found to have participated in the occurrence that in itself does not make the allegations false when the injured has suffered injury and that too grievous on vital part of his body.

5. Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Chandramandih P.S. Case No. 206 of 2023 pending in the Court of learned Judicial Magistrate, 1st Class, Jamui/Successor Court.

Patna High Court CR. MISC. No.27449 of 2024(3) dt.05-07-2024 3/3

6. Hence, the prayer for anticipatory bail is rejected. (Satyavrat Verma, J) Kundan/- U T