Banaras Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39634 of 2017 Arising Out of PS. Case No.-221 Year-2017 Thana- GIRIYAK District- Nalanda ====================================================== Banaras Paswan Son of Late Chalitar Paswan, R/o Village- Gausganj, P.S.- Giriyak, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash For the Opposite Party/s :

Mr. SRI RAMCHANDRA SAHANI ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-10-2017 Heard learned counsels for the petitioner and the State. Petitioner apprehends arrest in connection with Giriyak P.S. Case No. 221 of 2017 registered for the offence punishable under sections 341, 323, 354A, 354B, 353, 506, 379 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has been implicated in this case due to previous enmity. There is case and counter case between the parties. Written report says that petitioner reached the house of the informant with lathi, but the allegations levelled is that husband of the informant was assaulted by the butt of pistol, which shows the falsity of the case. Petitioner has no criminal antecedent.

Learned Addl. P.P. appearing for the State opposes the

Patna High Court Cr.Misc. No.39634 of 2017(3) dt.09-10-2017 2/2 prayer for bail and submits that petitioner is named accused and there are specific allegations against him. Petitioner being a muscleman took the law into his hands.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T