Patna High CourtCR. MISC./57878/2021bail granted

Akshay Kumar Paswan @ Akshay Kumar v. The State Of Bihar

2022-07-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57878 of 2021 Arising Out of PS. Case No.-65 Year-2021 Thana- SHIVSAGAR District- Rohtas ====================================================== AKSHAY KUMAR PASWAN @ AKSHAY KUMAR S/o Surendra Paswan R/o village- Magajpura, P.S.- Chenari, District- Rohtas at Sasaram ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2022 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 307/34 and other ancillary sections of the Indian Penal Code.

Prosecution case is that petitioner is alleged to have assaulted with lathi causing caused head injury. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Instant case is counter blast of earlier case contained in Annexure 2 lodged against the informant and others. There is delay in lodging the FIR and there is no explanation. There is general and omnibus allegation of assault against all the accused persons and no specific overt act has been alleged against the petitioner. Petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.57878 of 2021(2) dt.04-07-2022 2/2 Considering the nature of allegation, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged 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 Additional Chief Judicial Magistrate, Rohtas at Sasaram in Sheosagar Baddi OP Police Station Case No. 65 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T