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Patna High CourtCR. MISC./55046/2022allowed

Anil Paswan v. The State Of Bihar

2022-12-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55046 of 2022 Arising Out of PS. Case No.-4 Year-2022 Thana- BATH District- Bhagalpur ====================================================== Anil Paswan S/O Lalit Paswan Resident Of Village- Abha Mukhtarpur P.S.- Bath District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate.

For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341,323, 325, 307, 379, 504 and 34 of the Indian Penal Code. Petitioner is said to have assaulted the husbnd of the informant by means of iron rod and khanti.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the

Patna High Court CR. MISC. No.55046 of 2022(2) dt.15-12-2022 2/2 parties. He submits that the injury found upon the victim is simple in nature. He submits that occurrence took place on 10.01.2022 but the FIR has been lodged on 22.01.2022 after delay of 12 days without explaining any reasonable cause of delay. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bath P.S. Case No. 04 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) guddukr/- U T