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Patna High CourtCR. MISC./39770/2023allowed

Jai Shankar Paswan @ Shankar Paswan v. The State Of Bihar

2023-08-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39770 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- BHARGAMA District- Araria ====================================================== JAI SHANKAR PASWAN @ SHANKAR PASWAN Son of Baldev Paswan Resident of Village - Chakmaka, P.S.- Jankinagar, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 324, 325, 447, 354(B), 302, 504, 506 of the IPC.

3.

Allegedly, the petitioner is said to have assaulted the brother of the informant namely Sikandar Paswan on his head. 4.

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 manner as alleged, has ever taken place. Though there is allegation against the petitioner to assault the brother of the informant but his injury was found simple in nature. It is further submitted that co-accused Manish Kumar and Kamini Devi @

Patna High Court CR. MISC. No.39770 of 2023(3) dt.08-08-2023 2/2 Kamni Devi have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 17.04.2023 passed in Cr. Misc. No.4784 of 2023 and dated 01.08.2023 passed in Cr. Misc. No.40086 of 2023. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, considering the nature of injury and that similarly situated coaccused 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 connection with Bhargama P.S. Case No.103/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T