Raj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27094 of 2022 Arising Out of PS. Case No.-120 Year-2020 Thana- NAYA RAM NAGAR District- Munger ====================================================== RAJ KUMAR PASWAN Son of Subodh Paswan Resident of village - Janki Nagar, P.S.- Naya Ram Nagar, District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Sinha 2 For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under section 147, 148, 448, 307, 325, 341, 323, 354, 379, 504, 506 of IPC.

Allegedly, the petitioner along with others entered in the house of the informant with an intention to rape. It is further alleged that the accused persons including the petitioner assaulted the informant due to which she sustained injuries. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the

Patna High Court CR. MISC. No.27094 of 2022(2) dt.06-09-2022 2/2 manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. In the alleged occurrence both sides sustained injuries. Similarly situated co-accused persons have been granted anticipatory bail by a coordinate bench of this court vide order dated 11.01.2022 in Cr. Misc. No.12505 of 2021. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted anticipatory bail , let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Naya Ram Nagar P.S. Case No.120 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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