Pawan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33286 of 2019 Arising Out of PS. Case No.-221 Year-2018 Thana- KHAJAULI District- Madhubani ====================================================== PAWAN PASWAN Son of Mohichand Pawan @ Mohichandra Paswan Resident of Village- Dokhar, P.S.- Kaluahi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kusum Rani, Advocate.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP Mr. Gagandeo Yadav, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-09-2019 The petitioner apprehends his arrest in connection with Khajauli P.S.Case No. 221 of 2018 registered under Sections 307,323,324,341,354,379,380,427,448,504 and 506/34 of the Indian Penal Code.

Allegation against the petitioner, as per FIR, is that he along with other accused persons assaulted the informant. It is further alleged that petitioner assaulted the informant by means of Dabia on his head.

Learned counsel for the petitioner submits that dispute between the parties had arisen on trivial issue near a tea shop in the village. It has further been submitted that petitioner is a student of P.G (M.Com) and has also passed diploma in Financial Accounting (DFA) on 16.09.2017. Learned counsel submits that both parties are co-villagers and petitioner has got

Patna High Court CR. MISC. No.33286 of 2019(3) dt.05-09-2019 2/2 no criminal antecedent.

On the other hand, learned counsel for the informant vehemently opposes the prayer of anticipatory bail and submits that there is direct allegation against the petitioner that he assaulted the informant by means of Dabia and the injury on the right parietal region of scalp has been found having stitched wound of 4 cm.

After having heard learned counsel for the parties and taking into consideration the fact that petitioner having done P.G. (M.Com) and having no criminal antecedent, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-III, Madhubani in connection with Khajauli P.S.Case No. 221 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T