Sarvajeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55390 of 2024 Arising Out of PS. Case No.-129 Year-2024 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Sarvajeet Paswan, Son Of Ramchandra Paswan, Resident of Village - Aorgai, Police Station - Bhagwanpur, District - Kaimur (Bhabua) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Satyendra Pandey For the Opposite Party/s :

Ms.Pushpa Sinha.1 Mr.Parwej Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2024

1. Heard learned counsel for the petitioner, the learned counsel appearing on behalf of the informant and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is alleged to have assaulted Pavdhari Kunwar by lathi causing injury on head.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the

Patna High Court CR. MISC. No.55390 of 2024(2) dt.03-09-2024 2/3 informant. It is further submitted that on account of dispute relating to land, an altercation had taken place in which both sides assaulted each other. It is also submitted that even presuming what has been alleged is true without admitting, then the injury suffered by the injured is simple in nature and the blow was not repeated, which amply demonstrates that the petitioner never had any intention of committing a serious occurrence. It is next submitted that petitioner is not a criminal.

5. The learned counsel appearing on behalf of the informant as well as learned A.P.P. opposes the anticipatory bail application, but then, are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that the injury suffered by the injured is simple in nature.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Bhagwanpur P. S. Case No.129 of

Patna High Court CR. MISC. No.55390 of 2024(2) dt.03-09-2024 3/3 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T