Mahendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46223 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- SABAUR District- Bhagalpur ====================================================== Mahendra Paswan Son of Sakal Paswan Resident of Village - Bansic Tikar, Police Station - Sabour, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Ms. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354, 504, 506 and 34 of the Indian Penal Code. According to the prosecution case, the petitioner and his three sons armed with lathi entered in the house of the informant and on the order of the petitioner his sons started assaulting the informant and her daughter and son. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.46223 of 2022(2) dt.23-11-2022 2/3 implicated in the present case. He further submits that from perusal of the F.I.R. it transpire that the allegation of assault is attributed against the co-accused persons and not against the petitioner. He further submits that the petitioner is father of the co-accused persons. He further submits that in fact, no independent witness has supported the prosecution case. The learned counsel for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sabour P.S. Case No.

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without

Patna High Court CR. MISC. No.46223 of 2022(2) dt.23-11-2022 3/3 sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) vanisha/- U T