Rudal Paswan @ Rudal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59499 of 2021 Arising Out of PS. Case No.-81 Year-2020 Thana- BELCHHI District- Patna ====================================================== RUDAL PASWAN @ RUDAL KUMAR Son of Late Upendra Paswan Resident of Village - Belchi, P.S.- Belchi, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-06-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Belchi P.S. Case No. 81 of 2020 for the offence registered under Sections 341, 504, 506 and 34 of the Indian Penal Code. The allegation levelled against the petitioner is that he along with his accomplices had arrived at the house of the informant and thereafter had pointed country made pistol and threatened the informant of dire consequences, however, upon alarm being raised, co-villagers having arrived at the place of occurrence, whereupon the petitioner and others had fled away. It is also alleged that the marriage of the informant's sister with the petitioner had been solemnized three years back, nonetheless, the petitioner used to regularly beat the sister of the informant.

Patna High Court CR. MISC. No.59499 of 2021(2) dt.07-06-2022 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has submitted that the informant is the brother-in-law of the petitioner and on account of animosity he has dragged the petitioner in the alleged false case, however, till date the wife of the petitioner has not come forward to lodge any complaint against the petitioner regarding him having misbehaved or beaten her.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, and taking into account the materials on record, this Court finds that a vague allegation has been levelled against the petitioner and in fact no allegation has been levelled regarding the petitioner having engaged in any sort of specific overt act apart from the fact that he is having a clean antecedent, hence I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four

Patna High Court CR. MISC. No.59499 of 2021(2) dt.07-06-2022 3/3 weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Barh in connection with Belchi P.S. Case No. 81 of 2020 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T