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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53825 of 2022 Arising Out of PS. Case No.-402 Year-2022 Thana- KAUWAKOL District- Nawada ====================================================== Amit Kumar @ Amit Kumar Paswan Son Of Jitendar Paswan Resident Of Vill.- Sarauni, P.S.- Kowakole, District - Nawada, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kishan, Adv.

Mr. Avinash Raushan, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379/34 of the Indian Penal Code, Section 27 of Arms Act.

The prosecution case in nutshell is that petitioner along with other co-accused, variously armed, assaulted the informant and his nephew(bhagina) due to which they sustained injuries. It is specific allegation

Patna High Court CR. MISC. No.53825 of 2022(2) dt.16-01-2023 2/3 against petitioner is that he assaulted the nephew(bhagina) of the informant by means of Khanti. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 18.07.2022. There is case and counter case between the parties. From the perusal of the injury report of the nephew of the informant, it appears that the injury sustained by him is simple in nature and caused by hard and blunt substance, which do not corroborate with the prosecution version of the case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to

Patna High Court CR. MISC. No.53825 of 2022(2) dt.16-01-2023 3/3 enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kowakole P.S. Case No. 402 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nawada. (Sunil Kumar Panwar, J) nirajkrs/- U T