Anoj Paswan @ Anuj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48299 of 2019 Arising Out of PS. Case No.-789 Year-2018 Thana- FATUA District- Patna ====================================================== Anoj Paswan @ Anuj Paswan, Son of Sri Saryug Paswan, Resident of Village - Ranipur, presently resident of Dariyapur, P.S.- Fatuha, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shaukat Alam For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that on 25.12.2018 at 9.30 P.M. the informant collided with the petitioner when the petitioner threatened the informant. At about 10.30 P.M. the petitioner along with 2-3 unknown persons came and resorted to fire which hit in the back and abdomen of the informant. It is submitted by learned counsel for the petitioner that though the informant has received injury but subsequently he has retracted from the initial version and filed a petition to

Patna High Court CR. MISC. No.48299 of 2019(2) dt.02-08-2019 2/2 that effect before the learned Court below. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that there is specific accusation of firing against the petitioner.

Considering the nature of this accusation, this Court is not inclined to grant anticipatory bail to the petitioner. However, let the learned Court below consider the prayer for regular bail of the petitioner, if he surrenders before the learned Court below within a period of six weeks from today in connection with Fatuha P.S. Case No. 789 of 2018, pending in the Court of learned Additional Chief Judicial Magistrate-V, Patna City.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T