Mukesh Kumar Alias Mukesh Paswan Alias Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26145 of 2022 Arising Out of PS. Case No.-231 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== MUKESH KUMAR ALIAS MUKESH PASWAN ALIAS PASWAN SON OF SANTLAL PASWAN R/O VILLAGE- MOUGHALSARAI, P.SSAHEBPUR KAMAL , DIST- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code.

Allegedly, the petitioner entered into the house of the informant and assaulted him by means of lathi on his head and due to which he sustained injuries.

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 leveled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.26145 of 2022(4) dt.01-11-2022 2/2 omnibus in nature. There is a case and counter-case between the parties. Both the petitioner and informant are agnates. There is an admitted land dispute between the parties. He further submits that the petitioner is in government service and the informant is trying to grab the properties of the petitioner's family. The injuries are found on the non-vital part of the body. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that the injuries sustained by the informant are grievous in nature.

Having regard to the facts and circumstances of the case, since, the injuries are grievous in nature, I am not inclined to enlarge the petitioner named above on bail. The prayer for grant of anticipatory bail on behalf of the petitioner is rejected. This instant application is dismissed.

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