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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52546 of 2024 Arising Out of PS. Case No.-331 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== Chandan Paswan @ Chandan Kumar Paswan @ Chandan Kumar son of Late Ramasheesh Paswan Resident of Village- Kishupur PS- Town DistSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Samastipur (Town) P.S. Case No.331 of 2023, registered for the offences punishable under Sections 341/323/325/307/504/506/34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioner. The informant has alleged that the petitioner along with others has called to the son of the informant when his son not returned then informant visited there why his son not

Patna High Court CR. MISC. No.52546 of 2024(3) dt.18-09-2024 2/3 returned then he had seen that the petitioner along with others were assaulting his son.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that as per the FIR, the date of occurrence is 19.10.2023 but alleged FIR has been lodged only on 04.12.2023 i.e., near about 18 days. Counsel submits that there is no plausible explanation has been made. Counsel further submits that there are three antecedents of the petitioner in which he is on bail. Counsel submits that he is ready to fulfill all the conditions whatsoever shall be imposed.

5. Learned counsel for the State opposes the prayer of anticipatory bail and submits that in the FIR the cause of delay in filing the FIR has been inserted clearly. Counsel also submits that antecedent of the petitioner is not clean. There are three criminal cases pending against him in which two cases are of Section 307 of the Indian Penal Code.

6. Considering the facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner within four weeks from today, the prayer for regular bail shall be

Patna High Court CR. MISC. No.52546 of 2024(3) dt.18-09-2024 3/3 considered without being prejudiced by the order of this Court.

(Dr. Anshuman, J) Mkr./- U T