Patna High CourtCR. MISC./35174/2024bail rejected

Sanjay Paswan v. The State Of Bihar

2025-02-28Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35174 of 2024 Arising Out of PS. Case No.-331 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== Sanjay Paswan Son Of Late Ramashish Paswan Village- Kashipur, PsSamastipur Town, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Sinha, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-02-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Samastipur (Town) P.S. Case No. 331 of 2023, lodged on 04.12.2023, under Sections 341, 323, 325, 307, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioner, against whom the allegation is that all the accused persons, in connivance with each other, assaulted the informant's son with iron rod. The specific allegation against the present petitioner is that he strangulated the neck of the informant's son with an intent to kill.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.35174 of 2024(8) dt.28-02-2025 2/2 petitioner is innocent and has committed no offence. Counsel submits that there is a delay of one and a half month in filing the FIR. Counsel further submits that the criminal antecedents of the petitioner is not clean, there is one criminal case pending against him in which he is on bail.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedents of the petitioner is not clean. Counsel further submits that, in the FIR, there is specific allegation against the present petitioner that he has strangulated the neck of the informant's son with an intent to kill.

6. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

(Dr. Anshuman, J.) Aman Kumar/- U T