Patna High CourtCR. MISC./50132/2022disposed

Suresh Paswan v. The State Of Bihar

2022-12-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50132 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- PUSA District- Samastipur ====================================================== 1.

SURESH PASWAN SON OF BASANT PASWAN R/O VILLAGE- PUSA BHARAB, P.S.- PUSA, DISTRICT- SAMASTIPUR 2.

BASANT PASWAN SON OF BISHUNI PASWAN R/O VILLAGE- PUSA BHARAB, P.S.- PUSA, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2022 At the outset of argument learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition of petitioner No.1.

Prayer is allowed.

This anticipatory bail petition is dismissed as withdrawn against petitioner No.1.

Heard learned counsel for the petitioner and the State. Petitioner No.2 apprehends his arrest in a case registered for the offence punishable under Section 307, 354(B) and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, Basant Paswan, petitioner No.2, assaulted the informant with Garasa on his

Patna High Court CR. MISC. No.50132 of 2022(3) dt.22-12-2022 2/2 head.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. There is case and counter case. Both parties are Gotias and on account of petty dispute the scuffle took place in which both sides sustained injuries. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner No.2, above named, in the event of his arrest/ surrender within a period of six weeks from today shall 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 Additional Chief Judicial Magistrate-IV, Samastipur in connection with Pusa PS case No. 28/ 2022, subject to conditions laid down u/s 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J) BKS/- U T