Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45841 of 2018 ======================================================

1. Suresh Paswan S/o Baldeo Paswan, R/o Vill.- Aajampur, P.S.- Desari (O.P. Chandpura), District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niranjan Parihar For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 325, 326, 379, 307of the Indian Penal Code.

The prosecution case, in brief, is that in the backdrop of land dispute, the accused persons assaulted the informant resultantly, he sustained injuries. It is alleged that a gold locket worth Rs. 5000/- was also snatched away.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is case and counter case between the parties. The petitioner has been falsely implicated in the present case. The injury on the side of the

Patna High Court Cr.Misc. No.45841 of 2018 (4) dt.10-10-2018 accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Vaishali at Hajipur in connection with Desari (Chandpura O.P.), P.S. Case No. 116 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T