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Patna High CourtCR. MISC./47942/2024allowed

Keshav Paswan @ Karan Paswan @ Keshav Kumar v. The State Of Bihar

2024-07-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47942 of 2024 Arising Out of PS. Case No.-493 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Keshav Paswan @ Karan Paswan @ Keshav Kumar Son of Sanjay Paswan R/O Mohalla- Shri Krishna Nagar Near, Persauna Niwas, P.S.- Motihari Town, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Town P.S. Case no. 493 of 2023 instituted for the offence under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

As per allegation in the FIR, while the informant along with his friend Muskan @ Priyanshu Mishra was going to buy some articles, in the meantime, petitioner along with other co-accused persons and three unknown persons surrounded them and started abusing the informant.

Patna High Court CR. MISC. No.47942 of 2024(2) dt.12-07-2024 2/3 When the informant objected, accused persons assaulted him with knife. It is further alleged that co-accused Aditya Singh took Rs. 2,200/- from the pocket of informant and coaccused Dharamprakash Dubey assaulted the informant by means of knife.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. There is case and counter case between the parties and both sides have sustained injuries as alleged in separate occurrence. There is inordinate delay of 4 days in lodging the F.I.R. Petitioner is a friend of co-accuse Dharamprakash Dubey that's why his name has been dragged in the present case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his

Patna High Court CR. MISC. No.47942 of 2024(2) dt.12-07-2024 3/3 arrest or surrender in connection with Town P.S. Case no. 493 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Nirajkrs/- U T