Jogindar Paswan @ Yogendra Paswan @ Jogindra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49498 of 2023 Arising Out of PS. Case No.-478 Year-2022 Thana- CHHATAPUR District- Supaul ====================================================== Jogindar Paswan @ Yogendra Paswan @ Jogindra Paswan, S/O Late Kebal Paswan, Resident Of Village- Daharia Police Station Chhatapur, Dist. Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Chhatapur P.S. Case No. 478 of 2022 instituted under Sections 341, 447, 323, 324, 307, 354(B), 379, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, there is specific allegation against the petitioner that he has assaulted with intention to kill the husband of the informant on his head by means of iron rod causing grievous head injury.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to old enmity. Sambhu Paswan (informant's husband), received two injuries out of which, injury No. 2 was caused by

Patna High Court CR. MISC. No.49498 of 2023(2) dt.19-08-2023 2/2 sharp cutting substance which does not corroborate the prosecution version and both the injuries on head are simple in nature and the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail and submits that there is specific allegation on petitioner of causing head injury on the husband of informant by iron rod which is corroborated by the injury report, particularly injury No.1.

6. Considering the facts and circumstances of the case, and specific allegation levelled against the petitioner of causing head injury on husband of the informant which is corroborated by injury report, the Court is not inclined to grant anticipatory bail to the present petitioner.

7. Accordingly, the prayer for anticipatory bail of the present petitioner stands rejected.

8. However, it is observed that if the petitioner surrenders before the learned Court below and prays for regular bail, the same shall be considered on its own merit, in accordance with law, without being prejudiced by this order. (Sunil Dutta Mishra, J) saurabhkrsinha/- U T