Anil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26032 of 2018 Arising Out of PS.Case No. -53 Year- 2018 Thana -DIGHWARA District- SARAN ======================================================

1. Anil Paswan, S/o Hulash Ram, resident of Village- Basantpur, P.S.- Dighwara, District- Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2018 Heard both sides.

The petitioner apprehends his arrest in Dighwara P.S. case No. 53 of 2018 for the offences punishable under Section 307 and other minor Sections of the Indian Penal Code. The learned counsel for the petitioner submits that 18 persons are named in the FIR including the petitioner that they, along with some unknown persons, are alleged to have run amok and started pelting stones and bricks on the police force. The petitioner is alleged to have assaulted one Home Guard, Sushil Tiwari, with sword but Sushil Tiwari warded of the blow on his hand and got injuries on his left hand. It is submitted that injury is simple in nature and other persons have already been granted anticipatory bail but the prayer of petitioner was rejected by the

Patna High Court Cr.Misc. No.26032 of 2018 (2) dt.04-05-2018 2/2 learned Additional Sessions Judge only because there is specific allegation against the petitioner.

Considering the nature of allegation made against the petitioner that he assaulted one Home Guard with sword, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, i.e., Sri Sunil Kumar, learned Judicial Magistrate, 1st class, Saran at Chapra in Dighwara P.S. case No. 53 of 2018, the learned court below shall consider the prayer for regular bail of the petitioner taking into consideration that on account of assault made by the petitioner simple injury is caused to one Home Guard. (Prabhat Kumar Jha, J) BKS/- U T